This is a common question for many businesses that own or are planning to register a European Union trademark. Although registration grants exclusive rights, maintaining those rights requires more than just an entry in the register – genuine, proven use of the trademark in the market is essential. But what exactly does “genuine use” mean? Can local business activity be considered sufficient in the context of the entire EU? What criteria do the authorities apply, and what kind of evidence might be required?  In this article, we provide clear answers to the most frequently asked questions about the territorial assessment of trademark use, relevant case law, and the possibilities available to even small, locally operating businesses to preserve their EU trademark rights.

Is it sufficient to simply register a European Union (EU) trademark for it to be protected?

Many businesses believe that once a trademark is registered, the work is done – the mark is protected and the rights are secured. However, registration is only the first step. To keep a trademark valid, it must be used “genuinely” – and not in any manner, but in line with legal requirements: actively, consistently, and commercially.

What does “genuine use” mean in the context of a trademark?

Genuine use is not simply displaying a logo on a website or product packaging. It means actively using the mark in the real marketplace – to identify goods or services for consumers. Genuine use often becomes a crucial issue when defending against a non-use cancellation action or when challenging an identical or similar mark where the registered mark is already vulnerable due to non-use. In such cases, you must demonstrate that your mark is not registered merely “for the sake of it” but is actually put into commercial use.

Where must a trademark be used to meet legal use requirements?

If the mark is registered nationally – for example, in Lithuania – it must be used within the Lithuanian territory. However, if the mark is registered at the EU level, the situation becomes more complex – the question arises whether it must be used in all Member States, or if use in only a part of the EU territory is sufficient?

Must an EU trademark be used in all Member States?

No. In its 2011 preliminary ruling in case C-149/11 (Onel / Omel), the Court of Justice of the European Union clarified that when assessing whether an EU trademark has been genuinely used, it is not necessary to take into account the territorial borders of the Member States.  According to the Court’s interpretation, it is not possible to set a minimum territorial threshold that would require the mark to be used in a territory of a certain size in order to be considered genuinely used. The assessment of genuine use of a trademark depends on the overall factual circumstances, so an abstract de minimis rule cannot be applied. This means that even limited territorial extent may be sufficient provided it meets the other assessment criteria and reflects real market conditions.

What criteria are important when assessing whether a mark is put into genuine use throughout the EU?

Territorial extent is only one of several factors. The assessment must take into account the overall context: market characteristics, the nature of the goods or services, the extent, frequency, and regularity of use, the target audience, and whether the mark is actually part of commercial activity. EU courts have consistently emphasised that each case must be evaluated individually, considering the real-life specifics of the market.

How can genuine use of a trademark throughout the EU be proven in practice if the business operates locally?

Although use of the trademark in the marketplace is assessed through the analysis of various criteria, in practice, the place of use often receives the most attention. Therefore, it is important to demonstrate that even ‘local’ use of the mark genuinely has a wider reach – and that the actions taken in using the mark could have created or maintained a market share.

For example, on 9 April 2025, in case R-1417/2024-2, the EUIPO Board of Appeal considered whether the mark “we love your smile”, used in two dental practices in the Bodenseeregion, also known as Lake Constance, Germany, met the territorial use requirement. Although the use appeared local, the evidence – invoices to clients from other German regions and one from Italy, as well as advertising materials targeting a wider audience – showed that the mark’s use went beyond local audience. Therefore, it was recognised that the territorial use of the mark — that is, within the European Union — had been proven.

The example provided shows that there is no specific list of evidence. However, case law makes it clear that if the evidence demonstrates the geographic specificity of the goods and services, proves that the goods or services are purchased not only by local residents but also by customers from other regions or countries, and that the geographical location of the business is special or unique— for example, due to its size or nearby attractions, thereby attracting business and tourists—and that the business itself actively seeks to reach beyond just local customers through its advertising, can serve as practical evidence that a locally used mark is, in fact, being used throughout the EU territory.

Why is it important to consider the size of the company when assessing trademark use?

In practice, it would be unreasonable to apply the same territorial expectations to large businesses — which can afford to operate across multiple cities or countries — as to smaller enterprises limited to a single region. The principle of proportionality should apply: the key question is not how widely the business has expanded geographically, but whether the mark is being used in a manner proportionate to the company’s capacity and with genuine commercial impact on the market.

Can small businesses retain EU trademark protection while using the mark only locally?

Yes. If a company can provide convincing evidence that its mark reaches a broader audience than just local customers – even in a small territory – the use may be regarded as genuine. The key point is to demonstrate that the business is targeting more than just local consumers and that the mark forms part of actual commercial activity intended to create or maintain market share.

What is the key takeaway regarding the territorial aspect of EU trademark use?

A “local” business can still meet the territorial requirement for genuine use. The area of use may be small, but still sufficient for the EU as a whole. Small businesses have the same opportunity as larger ones to retain their EU trademark protection. The essence lies in the evidence –it is important to gather documents, invoices, examples of advertising, and other information demonstrating that the mark is genuinely used in the market and is not merely a registered name without substance

Is your mark at risk due to non-use? Not sure whether your trademark is properly protected? Please contact us — we can help you assess your options and guide you through the process.