Court of Justice decides on essential function of a collective EU mark

An EU collective mark is owned by an association and may only be used by the members of that association. A well-known example of a collective mark is Fleurop. The European Court of Justice held that the essential function of an EU collective mark is not different from the function of individual EU marks. The essential function is to guarantee the collective commercial origin of the goods sold under that trade mark, not to guarantee their collective geographical origin. Read our summary of this decision here.

Fleur Jeukens and Moïra Truijens