Judgment_paragraph 64 · European Union Intellectual Property Office v Cactus SA (C-501/15 P)

64The second ground of appeal, however, is admissible in so far as the first and second errors alleged in it concern the criteria in the light of which genuine use of a trade mark in an abbreviated form should be assessed. Contrary to what Cactus maintains, the determination of the criteria to be employed for the global assessment of equivalence of signs from the perspective of their distinctiveness is a question of law falling within the Court of Justice’s jurisdiction.