Is the concept of ‘Genuine use in the Community’ for the purposes of a Community Trade Mark, capable of being assimilated to the definition of ‘Relevant Market’ in EU Competition Law?

Abstract: The relationship between intellectual property and competition law gives an excellent contrast into how competing legal principles may work harmoniously and need not be viewed in conflict. Consequently, applying principles from one field may benefit the application of another. In respect of this and following the Court of Justice of the European Union’s recent ruling in Leno Merken, an application of the principles relating to the relevant market in competition law may aid the application, implementation and protection of Community Trade Marks. This paper examines the possibility of transposing a test for relevant market in competition law to the concept of genuine use on the market concerned for the purposes of a Community Trade Mark.