High Court confirms genuine use of Community trade mark requires use in more than one member state | Practical Law

High Court confirms genuine use of Community trade mark requires use in more than one member state | Practical Law

The High Court has ruled that two SOFA WORKSHOP word Community trade marks (CTMs) were invalidly registered and liable to be revoked for non-use. The decision was based on the finding that maintenance of a CTM required evidence that it had been used to create or maintain a share in the market at least beyond the boundaries of one member state. There could therefore be no infringement of the CTMs by the defendant's use of the sign "Sofaworks" in relation to identical goods. However, the claimant succeeded in its claim for passing off. (The Sofa Workshop Ltd v Sofaworks Ltd [2015] EWHC 1773 (IPEC), 29 June 2015.)

High Court confirms genuine use of Community trade mark requires use in more than one member state

Practical Law UK Legal Update Case Report 2-616-9001 (Approx. 5 pages)

High Court confirms genuine use of Community trade mark requires use in more than one member state

by Practical Law IP&IT
Published on 02 Jul 2015United Kingdom
The High Court has ruled that two SOFA WORKSHOP word Community trade marks (CTMs) were invalidly registered and liable to be revoked for non-use. The decision was based on the finding that maintenance of a CTM required evidence that it had been used to create or maintain a share in the market at least beyond the boundaries of one member state. There could therefore be no infringement of the CTMs by the defendant's use of the sign "Sofaworks" in relation to identical goods. However, the claimant succeeded in its claim for passing off. (The Sofa Workshop Ltd v Sofaworks Ltd [2015] EWHC 1773 (IPEC), 29 June 2015.)