Abstract

In the article the author discusses the problem of assessing genuine use of a Community trade mark in its territorial aspect. A starting point for the discussion is the judgment passed by the Court of Justice of the European Union on 19.12.2012 in the case concerning the Community trade marks OMEL and ONEL, according to which in the assessment whether a Community trade mark has been put to genuine use the territorial borders of the Member States should be disregarded. Nonetheless, the analysis of the Trade Mark Regulation no. 207/2009 leads the author to the conclusion that in the light of its provisions the use of a Community trade mark should not be limited to the territory of one Member State so as to prevent revocation of the protective rights.