Court of Justice of the European Union clarifies “genuine use” of CTMs

In Article 15 in the Council Regulation it is stated that a CTM has to be put into use in the Community within a five-year period following the registration. If it is not put into use during this time, it can be subject to revocation. The question at stake was whether the use of a Community Trademark (CTM) only in one member state is enough to avoid cancellation for non-use. The CJEU rules that it may be enough with one member state but that it depends on the specific situation and that whether or not a market share has been created or maintained is of key importance for decisions