Judgment_paragraph 39 · Viridis Pharmaceutical Ltd v European Union Intellectual Property Office (C-668/17 P)

39Genuine use of the mark thus entails use of the mark on the market for the goods and services protected by that mark and not just internal use by the undertaking concerned. Use of the mark must relate to goods or services already marketed or which are about to be marketed and for which preparations by the undertaking to secure customers are under way, particularly in the form of advertising campaigns (see, to that effect, judgment of 11 March 2003, Ansul, C‑40/01, EU:C:2003:145, paragraph 37).