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EUTMs can be at risk of revocation actions on the basis of non-use (after the five-year grace period has expired), even when the mark is actually in genuine use in one EU member state!

scary decision!

The EU Court T-386/16 has ruled an EUTM can br revoked on the grounds of non-use by providing proof of use in only one member state where the relevant goods/market do not justify a restriction of use to just that one member state.

http://curia.europa.eu/juris/document/document.jsf?text=&docid=195284&pageIndex=0&doclang=IT&mode=lst&dir=&occ=first&part=1&cid=855801

 

Check also these cases about genuine use in the EU:

Fruitfuls (August Storck KG v EUIPO), goods sold in Slovenia and produced in Germany;

YOO (Europa Möbel-Verbund GmbH & Co. KG / Yoo Holdings Limited), furniture for use in the UK;

NOW  (Now Wireless Ltd / Starbucks (HK) Ltd), services in the territory of the City of London and the Thames Valley, UK;

LIBERO (Maykamp Kräuterspezialitäten GmbH / Caves Campelos), goods for use in Germany - EUIPO No. B 2155979 of 04/04/2014.