[Editor's note] Like most countries and regions in the world, The rulings of the Court of Justice of the European Union have important guiding significance and predictive value for understanding the legal norms of the European Union. Esabaril (ELZABURU) At the beginning of each year, typical cases of the Court of Justice of the European Union in the previous year are summarized and published, And a brief review of each case, In order to help customers and partners to understand the EU intellectual property norms. Given the importance of Chinese customers and partners, We try to publish the Chinese version of typical cases on a weekly basis, It is convenient for Chinese partners to learn the latest information in a timely manner.

　　 [background]

　　1999 years 7 month 19 day, Der Grüne Punkt GmbH The company successfully registered a collective trademark in the European Union Intellectual Property Office (As shown in Figure 1) . Figure 1　　The collective trademark is designated for use in the Nice Classification No 1 Class to class 34 Commodity item, Sum control 35 class, 39 class, 40 class (Recycling of packaging materials) , 42 class (Garbage disposal) And other services.

　　The above collective trademark shall be used on the outer package of commodities, Used to indicate that the package belongs to a recyclable system (DGP system) , Be distinguished from other packages and commodities that are not recyclable.

　　2012 years 11 month 2 day, Slovakia Halson Properties The company requested the EU Intellectual Property Office to declare the above collective trademark in some specified categories (The first 1 Class to class 34 class) The registration is invalid, The reason is that the registered trademark is not actually used on the disputed goods.

　　After the administrative department of invalid disputes accepts the application, Ruled that the registration of the collective trademark was invalid in all other specified categories of goods other than packaging. The Appeal Board upheld the above findings, On the basis of the evidence presented, join DGP Recyclable Systems companies use disputed trademarks for environmentally friendly practices. but, Although the goods and their packaging are sold in their entirety at the time of sale, However, the act of selling the goods does not constitute the act of using the disputed trademark on the outer package, Because the purpose of using a disputed trademark is not to establish or occupy a certain market share for the goods.

　　The case was later appealed to the EU General Court (General Court) . 2018 years 9 month 12 day, The general court ruled No T-253/17 adjudication, Application for dismissal of appeal, And wrote in the ruling: "Although the trademark owner can prove that the trademark is actually used on the outer packaging of the goods, But it failed to prove that it was also used on packaged goods, Because the public believes that the trademark in question is used to indicate that the relevant packaging can be recycled through a specific system" . In addition, The General Court also stated that: " (Except for the disputed trademark) The goods usually use the trademark of the enterprise from which the goods originate, So the public understands (Use of disputed trademark) Means that the outer packing can pass DGP The system carries out environmental harmless treatment, It is not the packaged goods themselves that can do this" .

　　European Court of Justice (Court of Justice) Finally supported the disputed trademark owner's appeal request, Overturned the conclusions of the Appeal Committee and the General Court of the European Union.

　　 [conclusion]

　　The European Court of Justice first noted, The core function of the collective trademark is to distinguish the goods or services of the members of the collective trademark ownership organization from other market entities. The core function of ordinary trademark, Is the function of indicating to consumers the source of the goods or services they are registered to use. The European Court of Justice went on to note, A member of a collective trademark ownership organization, The collective trademark may be used, Indicate affiliation with the organization (Collective trademark function) , simultaneously, Use of other trademarks to indicate the origin of goods or services (Generic trademark function) .

　　Because the core function of a collective trademark is to distinguish the members of the organization who use the mark from other market players who do not belong to the organization, Simultaneously can be "attach" The collective trademark of goods or services to establish or occupy a certain market share, Therefore, European court of justice ruling, The collective trademark of this case has been put into real use in the item of disputed goods. In view of this, European court of justice ruling, A disputed trademark indicates the participation of the manufacturer and seller of the disputed goods DGP system, And that can influence consumers' purchasing decisions, And thus helps to establish and maintain a certain market share for the outer packaging and packaged goods using the mark.

　　 [comment]

　　The issue at issue in this case is very common, Collective trademark (Similarly there is, Certification mark) The owner is generally not only in the category of services closely related to the primary activity or organizational purpose specified in the rules for the use of the trademark, It is still being produced by member enterprises that use the trademark, Sale or even (future) The promised goods or services are registered at the same time.

　　The ruling in this case gives a clear answer to this question, It is also believed to be welcomed by the owners of collective trademarks and certification trademarks. Given the nature of this type of trademark, The owner needs to make trademark rules, Membership requirements etc, But sometimes you need to make room for other industry members who may join in the future, Therefore, Trademark use is often not limited to the specific industry to which the existing member belongs. similarly, In view of the nature and purpose of the collective mark and the certification mark itself, Generally speaking, Member companies that use such trademarks also use their own trademarks. As the European Court of Justice pointed out in its ruling in this case, The use of trademarks with different attributes on the same goods, Each plays a unique trademark function.

　　Goods and services use several trademarks simultaneously, When consumers make purchasing decisions, Each trademark has its own function. For example, Certifying a trademark is used to ensure that the goods or services on which the trademark is used meet a specific quality standard, A common trademark used on a good or service indicates its commercial origin. Therefore, Both trademarks will affect consumers' choice, It can help the goods and services using the trademark to establish and occupy a certain market share. In this case, The use of several trademarks at the same time was determined, And use it against others "unused" Withdrawal of application, Be reasonable.

　　The principle established by this decision, The same applies to collective marks and certification marks. In fact, 2017 years 10 month 1 Before the sun, The EU Intellectual Property Office does not accept certification trademark applications, Therefore, Many certified trademarks are submitted to the EU Intellectual Property Office for registration in the name of collective trademarks. Principle of the case, For example, Trademarks registered by an official body to promote its own initiatives in a particular field of production or related territory, Is extremely important and beneficial. According to this principle, Collective trademark (Registered trademark) After registration, Use of the trademark in relation to the corresponding goods or services, Will be regarded as the use of the trademark, That is, the behavior realizes the core function of the trademark: Ensure that the relevant goods or services are of a specified quality, Or specific geographic sources (Certification mark) ; or, An enterprise that uses both a trademark and a common trademark has an affiliation with a specific organization (Collective trademark) Etc.

　　compile: Liu Dan, Esabarry Legal Counsel　　source: Esabaril (ELZABURU) Intellectual property rights