Genuine use of a Community Trade Mark - the OMEL/ONEL case

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A recent decision of the Benelux Intellectual Property Office in the OMEL/ONEL case could have profound consequences for the owners of CTMs. The case has provoked significant debate which is far from resolved, but the case deals with the question of whether use a Community Trade Mark in one country of the EU is sufficient to maintain a Community Trade Mark Registration across all member states.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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