Genuine Use in the EU The view from OHIM

Legislative History Early Commission proposal proposed use in a substantial part of the Community Early Commission proposal proposed use in a substantial part of the Community CTM adopted in 1993 (Article 15) refers to genuine use in the Community CTM adopted in 1993 (Article 15) refers to genuine use in the Community Statement in minutes adopted in parallel Statement in minutes adopted in parallel

OHIM Practice Consistent position that once genuine use has been proven within the EU there is no need to consider territorial aspect Consistent position that once genuine use has been proven within the EU there is no need to consider territorial aspect No decision on this basis has been succesfully challenged on appeal No decision on this basis has been succesfully challenged on appeal

Current position OHIM will continue to apply its practice OHIM will continue to apply its practice Given the unitary chjaracter of the CTM boundaries of Member States should play no part in in assessing genuine use Given the unitary chjaracter of the CTM boundaries of Member States should play no part in in assessing genuine use

The Future The issue is being considered in the Commission Study The issue is being considered in the Commission Study OHIM has made a submission to the MPI OHIM has made a submission to the MPI uments/OHIM/OHIMPublications/ohim_co ntribution.pdf uments/OHIM/OHIMPublications/ohim_co ntribution.pdf