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Probative value of evidence of use: General Court makes detailed analysis in LABCORE case

June 2023

As part of the WTR series EUROPEAN UNION | Legal updates: case law analysis and intelligence, Zsófia Halmágyi authored a piece titled “Probative value of evidence of use: General Court makes detailed analysis in LABCORE case“.

The thesis:

  • The Board of Appeal found that the items of evidence adduced by the opponent failed to prove the genuine use of the earlier LABCORE marks
  • The court agreed that the affidavits of the opponent’s partners had limited probative value
  • Invoices containing the term ‘labcore’ as a watermark, and as part of an email address and website address, did not establish that the earlier marks were used in connection with the goods/services in question

To download the full article, please click HERE.

This article first appeared on WTR Daily, part of World Trademark Review. For further information, please go to www.worldtrademarkreview.com

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