AG opinion may raise bar as to what constitutes ‘genuine use’ of CTM

Advocate General Sharpston has handed down her opinion in Leno Merken BV v Hagelkruis Beheer BV (C-149/11, July 5 2012), advising that use of a Communitytrademark (CTM) within the borders of a single member state is not, of itself, necessarily sufficient to constitute ‘genuine use’ of that mark.