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Law Dictionary Home Dictionary Definition genuine-use

Genuine use, where use is a mere sham, is formalis-tic or notional, where it is empty of substance and directed solely at avoiding revocation and does not serve to carve out an opening in the market for the goods and services to which it relates, that use does not constitute genuine use. Examination of the various language versions of the directive (the Dutch version uses the term 'normal', the French has 'usage serieux' the Portuguese, 'uso serio', the English 'genuine use', and the German, 'ernsthafte Benutzung'; the Italian uses the same adjective as the Spanish: 'effettivo') leades to the conclusion that the kind of use intended is what may be described as 'sufficient', Ansul BV v. Ajax Brandbeveiliging BV, (2004) 3 WLR 1048 (EC)

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