Case R 1304/2020-G, Der Grüne Punkt Duales System Deutschland GmbH ./. Halston Properties, s.r.o. GmbH

Court

Grand Board of Appeal of the European Union Intellectual Property Office

Our Position

Where a trademark indicates aspects regarding the disposal of the packaging of the marketed goods, the trademark can be genuinely used for the various packaged goods because it will allow the consumer to choose between an undertaking that—being part of the association that owns the trademark—has a certain system in place allowing for disposal of the packaging of the respective goods vs. undertakings that do not have such a system in place.

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