Genuine Use of Trade Marks

Abstract: Pursuant to the European legislation it is required to use a registered trade mark genuinely. However, it does not directly follow from that legislation what exactly does the term “genuine use” represents. Finding of the proper meaning of the concept of genuine use requires profound analysis of the case-law of the CJEU which has made many comments to this issue in dozens of its decisions. Since these decisions usually deal with different specific questions relating to the concept of genuine use, the relevant case-law seems fragmented. However, putting these decisions together, it is possible to get fairly clear idea about the concept and what it requires. Therefore, this thesis provides its reader with a complex description and analysis of the concept of genuine use within the EU and its interpretation as presented by the CJEU. Besides, the thesis clarifies certain procedural aspects connected with the concept of genuine use, namely these related to proving of genuineness of a use of a trade mark and also these related to utilization of the concept of genuine use in various trade mark proceedings. Finally, the thesis analyses the relationship between the concept of genuine use and trade mark licenses.