Quote from Martin Schweiger on December 13, 2021, 8:40 am

In 1996, the plaintiff had applied for the “Green Dot” or the corresponding symbol with the EUIPO as a Union collective mark. As a result, the company issued licenses for the brand to third parties to participate in the disposal system behind it. After the EUIPO had partially deleted the trademark in 2015 due to non-use, the trademark owner filed an unsuccessful appeal. In a judgment of September 12, 2018 (T-253/17), the CFI also dismissed their subsequent action. Because the relevant public recognizes in the used mark "Der Grüne Punkt" on sales packaging only an indication that the packaging concerned can be collected and recycled via a special waste disposal system, but no indication of a use of the mark for the packaged goods themselves.

Before the European Court of Justice, the plaintiff essentially asserted that the European Court of Justice misunderstood the interpretation of the term "genuine use" within the meaning of the Union Trademark Regulation and did not take due account of the characteristics of collective trademarks mentioned in this regulation.

Quote from Martin Schweiger on December 13, 2021, 8:46 am

There are also Certification marks. They are signs which seek to certify certain characteristics of the goods and services (for example, their quality).

Check out this: https://euipo.europa.eu/ohimportal/en/certification-and-collective-marks

The EU trade mark Regulation defines an EU certification mark as a mark that is ‘capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, with the exception of geographical origin, from goods and services which are not so certified.’ (Article 83(1) EUTMR).

Individual and certification EU trade marks differ in their function, but also in some more formal aspects. One important difference between an individual mark and a certification mark is that the owner of a certification mark (a natural or legal person, an institution, or authorities and bodies governed by public law) cannot run a business involving the supply of the goods and services of the kind certified.

In essence, an EU certification mark relates to the guarantee of specific characteristics of certain goods and services. There are four things to remember when applying for an EU certification mark:

Like an individual mark, an EU certification mark must be a sign capable of being represented on the Register of EU trade marks. In addition, that sign should be able to distinguish the goods and services that are certified from others that are not so certified.
When you apply for an EU certification mark, you must state very clearly that you are doing so (through a clear indication of the kind of mark in the application).
You have to apply for your EU certification mark in respect of the goods and services that will be certified by you as the owner of the mark (you can use the Goods and Services Builder to help you).
You need to include the regulations governing use of the EU certification mark for which you are applying. The regulations governing use are the essence of the EU certification mark. They have to be filed within two months of the application and need to contain, in particular:
the declaration by the applicant that it does not carry on a business involving the supply of goods or services of the kind certified;
the characteristics of the goods or services to be certified;
the conditions governing the use of the EU certification mark;
the testing and supervision measures to be applied by you as the EU certification mark owner.