EU Community Trademarks: Ignore National Borders?

Law360, New York (January 15, 2013, 12:43 PM EST) -- On Dec. 19, 2012, the European Union Court of Justice handed down its much-anticipated decision in Leno Merken BV v. Hagelkruis Beheer BV, Case C-149/11, concerning the geographic extent to which a community trademark must be used to avoid sanctions for nonuse.

For the unitary community trademark, owners are required to put the mark to "genuine use in the Community" within five years of registration or risk sanctions for nonuse. For a number of years, there has been debate as to the meaning of "in the...
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