European authorities made two judgements on this subject last year. The criterion they formulated is: if a trademark owner targets audiences in the European Union through advertisements in order to pursue sales for products and services outside the EU, then there is sufficient genuine use.
In the latest case, trademark OSCAR was at issue. The Academy Award ceremony takes place in Los Angeles, but the event is widely promoted in the EU to attract viewers. It is also licensed to many television stations in the EU and the shows are watched by millions of people in the EU. Therefore, the trademark is deemed to be used normally in the EU and remains valid. If services are offered outside the EU but the sale is also aimed at consumers in the EU, register the mark as a Union mark as well.
