CJEU Decision on Geographical Extent of CTM Reputation

On 3 September 2015 the CJEU issued its Decision in Case C-125/14. The Decision answered questions referred from the Hungarian Intellectual Property Office seeking to clarify, in particular, the geographical extent of reputation required for CTMs to constitute a reputation in the Community.

For more information please see our briefing on the topic. This briefing looks at the CJEU 's answers to those questions and in particular the finding that a reputation in one Member State may be sufficient to support a reputation in Community, in contrast with the position taken in recent case law on the question of genuine use of a mark in the Community.