Judgment_paragraph 27 · Reckitt Benckiser (España), SL v European Union Intellectual Property Office (T-126/03)

27As to the first of those arguments, OHIM observes that Community trademark law requires the proprietor of a mark to make genuine use of a registered mark so that only his actual market position is protected. As evidenced by the eight recital in the preamble to First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) and the ninth recital in the preamble to Regulation No 40/94, the aim of that requirement is to reduce the number of conflicts between marks and restrict the number of trade marks which are registered but have not actually been used (Case T-174/01 Goulbourn v OHIM — Redcats (Silk Cocoon) [2003] ECR II-789, paragraph 38).

Reckitt Benckiser (España), SL v European Union Intellectual Property Office (T-126/03)

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