Genuine use of trade marks : the CJEU clarifies territorial scope

The CJEU held that, in order to assess whether a Community trade mark has been put to genuine use in the Community, thus avoiding sanctions provided for in Regulation 207/2009 and maintaining the exclusive right, territorial borders of the Member States should be disregarded. In particular, it cannot be taken for granted that use in one Member State is sufficient to have genuine use in the Community, the most accepted interpretation. However, it cannot be excluded that, in certain circumstances, the territorial scope of a Community trade mark is limited to the territory of a single Member State.