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Supreme Court of Denmark

Trade mark law – refusal of request for a preliminary ruling 
06-09-2013 

Case no. 292/2012
 

Judgment delivered on 6 September 2013


Tryg Forsikring A/S

vs.
Repono Holding AB
and
Trygg-Hansa Försäkringsaktiebolag


Refusal of request for referral of questions to the EU Court of Justice for a preliminary ruling concerning the wording 'put the trade mark to genuine use in the Member State' in Article 10(1) of the Trade Marks Directive
 

The issue in the case was whether Trygg-Hansa Försäkringsaktiebolag had put the trade mark 'TRYGG HANSA' to genuine use in Denmark <fig> in the period 18 November 2005 to 18 November 2010, cf. Section 25(1) of the Danish Trade Marks Act.

During the pre-trial stage before the Supreme Court, Tryg Forsikring A/S requested that a question be referred to the EU Court of Justice for a preliminary ruling regarding the wording 'put the trade mark to genuine use in the Member State', cf. Article 10(1) of the Trade Marks Directive, the wording of which corresponds to the wording of Section 25(1) of the Trade Marks Act.  

The Supreme Court stated that there is extensive case law from the EU Court of Justice regarding the criteria which may be applied in the assessment of whether the proprietor of the trade mark has put the trade mark to genuine use in the member state, cf. Article 10(1) of the Trade Marks Directive. According to the Supreme Court's preliminary assessment, there was no doubt as to the interpretation of Article 10(1) of the Trade Marks Directive or the mentioned case law of the EU Court of Justice that justified referring questions to the EU Court of Justice for a preliminary ruling. Accordingly, the Supreme Court refused the request.

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