Biotronik SE & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) T-416/11 [2013] All ER (D) 324 (Oct)
It was well established that in order to examine whether use of an earlier trade mark was genuine, an overall assessment should be carried out which took account of all the relevant factors in the particular case. Genuine use of a trade mark could not be proved by means of probabilities or suppositions, but had to be demonstrated by solid and objective evidence of actual and sufficient use of the trade mark on the market concerned. However, it could not be ruled out that an accumulation of items of evidence might allow the necessary facts to be established, even though each of those items of evidence, considered in isolation, would be insufficient to constitute proof of the accuracy of those facts
