A few sales from a website not “genuine use”.

The Irish Patents Office has recently handed down a decision in a revocation action on what constitutes “genuine use”. Even though the registered proprietor was able to establish that four sales had been made via its website to Ireland during the relevant period, this was not regarded as “genuine use” on the grounds that the proprietor did not in any way target consumers in Ireland by means of advertising or promotion. The Hearing Officer held that it did not create a market for its goods in Ireland. The only sales of the products occurred online by consumers who happened to chance upon the proprietor’s website. Having sold a negligible amount of goods to three Irish consumers, the Patents Office held that there was no evidence the proprietor ever sought to secure repeat business, by a follow-up e-mail or any other method, from these customers so as to maintain even this minuscule level of Irish custom.

The whole decision can be found here https://www.patentsoffice.ie/en/Publications/Written-Grounds/Trade-Marks-Act-1996%20-%202008-2017/2017/Giordano-205701.pdf

 

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