ECJ rules on ‘genuine use’ of a CTM

The European Court of Justice(ECJ) has issued its long-awaiteddecision in Leno Merken BV AGv Hagelkruis Beheer BV (CaseC-149/11), better known as theONEL case, which addressed therequirement for ‘genuine use’ ofa CTM. The ECJ held that proofof use of a CTM in one memberstate can in principle, but will notnecessarily, be deemed sufficientto prove genuine use in theCommunity.