1 June 2012TrademarksAnna Falter

Widening the scope: genuine use of trademarks

In the well-known Bainbridge decision dating from 2007 (C-234/06), the Court of Justice for the EU (CJEU) decided in an obiter dictum that it is not admissible to extend the protection afforded to a registered mark by virtue of the proof of use thereof, to a different mark which has been registered but not used, on the grounds that the latter mark is merely a slightly altered form of the former mark.

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