What constitutes genuine use of a trade mark?

The Court of Justice of the European Union (CJEU) has ruled on what constitutes genuine use of a trade mark within the meaning of Article 15(1) of Community Trade Mark Regulation 40/94 in the recent The Court of Justice of the European Union (CJEU) has ruled on what constitutes genuine use of a trade mark within the meaning of Article 15(1) of Community Trade Mark Regulation 40/94 in the recent case of Colloseum Holding AG v Levi Strauss & Co. (Case C‑12/12). It held that genuine use of a trade mark might be satisfied "where a registered trade mark that had become distinctive as a result of the use of another composite mark, the first mark constituting one of its elements, was used only through that other composite mark, or only in conjunction with another mark and the combination of those two marks was itself registered as a trade mark".

The ECJ's ruling is a logical extension of previous case law.  So, regardless of whether the sign is used as part of a registered trade mark or in conjunction with the registered trade mark, the fundamental condition is that, as a consequence of that use, the sign for which registration as a trade mark is sought may serve to identify, in the minds of the relevant class of persons, the goods to which it relates as originating from a particular undertaking.