Onel: Predicting the answers

15-11-2011 Print this page

B9 10418. Pieter Veeze, BBIE: Defining the territorial scope of genuine use. Speech gehouden bij de Annual Conference on Trademarks and Designs in Europe 2011. Academy of European Law Alicante, 10 & 11 november 2011.

I will deal today with a subject, which I think is one (of the view) “unexploited areas” of European trademark law: the territorial scope of genuine use. It is an honour and a pleasure to have been invited to speak on this subject, which is, to my belief, one of the key questions for the future of trademark law in Europe and which has, honestly speaking, become more and more sort of a “personal hobby” for me. I would like to thank the organization for giving me this opportunity. To give you an idea about the program, so you will more or less know what to expect:

- I will start with a short introduction about use in general, since I think it is important, before focussing on genuine use, to place the different forms of use that are relevant in trademark law, and their underlying ratio legis, into perspective.

- Then I will explain the contents of our Office’s ONEL decision. I will be brief on that, since I assume that anyone present here today has heard about the case and an English translation of the decision has been distributed as reference material for this conference.

- Then I will discuss the questions that the The Hague Court of Appeal has referred to the European Court of Justice. I will not simply read them to you, but also try to predict the answers.

Lees de volledige speech hier. Eerdere speech Pieter Veeze m.b.t. Onel: B9 9882.