Does the use of a company name or a trade name worth be a trademark use?

In the same vein that the judgment about the trademark Grand Frais, the Cancellation Division of the EUIPO has recently confirmed the cancellation for non-use of the trademark Cactus, a trade name for a supermarket, for cosmetic products. If the use as company name and trade name is admitted, no serious use in the meaning of the trademark law is shown; presented evidence being insufficient. This is the opportunity to remind the notion of serious use according to the trademark law, together with its practical conditions, for example when the litigious sign is used as a company name or a trade name.

Only available in French. Read here.