The Sofa Workshop v Sofaworks - Intellectual Property Enterprise Court considers requirements for genuine use of a CTM

September 29, 2015

The UK's Intellectual Property Enterprise Court recently handed down its judgment in The Sofa Workshop Ltd v Sofaworks Ltd. The case highlights the difficulties that the international nature of Community trade marks (“CTMs”) can cause for brands that are predominantly active in one EU Member State. In particular, the decision demonstrates a strict approach to the requirements to show use of a CTM in the EU with HHJ Hacon holding that it was necessary to show that the CTM was used beyond the boundaries of one Member State. The judgment sits uncomfortably with previous jurisprudence of the Court of Justice of the European Union (“CJEU”).

For a summary and analysis of this decision, read "The Sofa Workshop v Sofaworks - Intellectual Property Enterprise Court considers requirements for genuine use of a CTM".