Opposition based on a prior CTM:
Use in one Member State
OHIM says OK, BOIP says no

The ONEL / OMEL Case
Benelux Opposition decision n° 2004448 of 15 January 2010
First case on the geographical scope of use for a CTM?

The owner of a Community Trade Mark (CTM) lodged an opposition against a later Benelux trade mark before the Benelux Opposition division. The owner of the CTM could only prove use in the Netherlands.

The Benelux Opposition division decided that use in one country is insufficient and that use must take place in more than one Member State.

This matter will most probably be appealed before the Court of Appeal in The Hague (Netherlands). Furthermore, this Court will normally put the question to the European Court of Justice.

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