RADETZKY-ORDEN CJCE 9 décembre 2008!

On December 9, 2008, the CJEC made a preliminary ruling as to the requirement of genuine use in the course of trade for a mark held by an association.

The Court established that the fact than an association has a non-profit purpose does not prevent it from making genuine use of its marks, when used in relations with the public, in announcements of forthcoming events, on business and advertising materials, or on the members’ badges when collecting and distributing donations. Association and use in the course of trade are not incompatible.

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