The thesis focuses on the problem of the territorial extent of use of the Community Trade Mark. Until recently is was accepted that use in one Member State of the EU is enough to satisfy the requirement of genuine use laid down in Article 15 CTMR. However, the latest developments in the ECJ’s jurisprudence have questioned this approach and the need has occurred to find a test which could be applied to determine whether the scope of use of a CTM is enough for it to constitute genuine use. Having provided the explanation of the notion of trade mark’s obligatory use and of the current controversy concerning the territorial extent of CTM use, the work explores various concepts regarding the possibility of delineating relevant markets on a case-by-case basis, with reference to which trade mark use could be evaluated in individual cases. Firstly, ECJ’s cases are taken into consideration which involve problems of the CTM system other than genuine use that also have a territorial dimension to them – such as what territorial scope of reputation is required in order to justify increased protection against dilution. Then, a ‘market penetration’ approach is presented which originates from the practice applied by the U.S. courts. Subsequently, the deliberations concentrate on the applicability of the relevant market concept originating in competition law. The relevant market definition is provided and the usefulness of its respective elements for the purposes of building the definition of market concerned by trademarked goods or services is evaluated. In the final part, alternative ideas are laid down on how to improve the CTM system in the context of its problems arising from current lack of stringent approach to the genuine use requirement. They include the introduction of a new rule of coexistence between trade marks and the inspirations from the American doctrine concerning the notion of bona fide intent to use and the concurrent use doctrine.

The thesis focuses on the problem of the territorial extent of use of the Community Trade Mark. Until recently is was accepted that use in one Member State of the EU is enough to satisfy the requirement of genuine use laid down in Article 15 CTMR. However, the latest developments in the ECJ’s jurisprudence have questioned this approach and the need has occurred to find a test which could be applied to determine whether the scope of use of a CTM is enough for it to constitute genuine use. Having provided the explanation of the notion of trade mark’s obligatory use and of the current controversy concerning the territorial extent of CTM use, the work explores various concepts regarding the possibility of delineating relevant markets on a case-by-case basis, with reference to which trade mark use could be evaluated in individual cases. Firstly, ECJ’s cases are taken into consideration which involve problems of the CTM system other than genuine use that also have a territorial dimension to them – such as what territorial scope of reputation is required in order to justify increased protection against dilution. Then, a ‘market penetration’ approach is presented which originates from the practice applied by the U.S. courts. Subsequently, the deliberations concentrate on the applicability of the relevant market concept originating in competition law. The relevant market definition is provided and the usefulness of its respective elements for the purposes of building the definition of market concerned by trademarked goods or services is evaluated. In the final part, alternative ideas are laid down on how to improve the CTM system in the context of its problems arising from current lack of stringent approach to the genuine use requirement. They include the introduction of a new rule of coexistence between trade marks and the inspirations from the American doctrine concerning the notion of bona fide intent to use and the concurrent use doctrine.