26As is apparent from the judgment in Case C-40/01 Ansul [2003] ECR I-2439, paragraph 43, there is ‘genuine use’ of a mark where it is used in accordance with its essential function, which is to guarantee the identity of the origin of the goods or services for which it is registered, in order to create or preserve an outlet for those goods or services; genuine use does not include token use for the sole purpose of preserving the rights conferred by the mark. Furthermore, the condition of genuine use of the mark requires that the mark, as protected on the relevant territory, be used publicly and outwardly (see Ansul, paragraph 37, and Case T-174/01 Goulbourn v OHIM — Redcats (Silk Cocoon) [2003] ECR II-789, paragraph 39).
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