Rintisch v Eder

Subject Matter

TRADE MARK — Revocation — “Genuine use” — Claimant proprietor using only two of three registered trade marks of same distinctive character — Defendant registering trade mark similar to claimant’s — Claimant seeking cancellation of defendant’s trade mark relying on non-used mark — Whether claimant precluded from relying on use in form differing from mark as registered where different form itself registered as trade mark — Whether defensive trade mark excluded from protection — Council Directive 89/104/EEC, art 10(1)(2)(a)

(Case C-553/11); [2013] Bus LR 318