Mundipharma AG v European Union Intellectual Property Office (T-256/04)

Judgment of 13 Feb 2007

law://eu/cjeu/2004/t-256-04/para_23@2026-11-14

23According to the case-law, it follows from the provisions cited above that, if a trade mark has been registered for a category of goods or services which is sufficiently broad for it to be possible to identify within it a number of sub-categories capable of being viewed independently, proof that the mark has been put to genuine use in relation to a part of those goods or services affords protection, in opposition proceedings, only for the sub-category or sub-categories to which the goods or services for which the trade mark has actually been used belong. However, if a trade mark has been registered for goods or services defined so precisely and narrowly that it is not possible to make any significant sub-divisions within the category concerned, then the proof of genuine use of the mark for the goods or services necessarily covers the entire category for the purposes of the opposition (ALADIN, paragraph 45).

Mundipharma AG v European Union Intellectual Property Office (T-256/04)

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