Airbnb registered its EU trademark for a wide range of services across Classes 35, 36, 38, 39, 41, and 43.
When challenged by Airtasker Pty Ltd, EUIPO’s Cancellation Division revoked protection for many services.
On appeal, the General Court ruled:
Key Takeaway:
Only services with concrete, well-documented market use survived.
Owning a trademark in the EU is not enough. To retain protection, owners must prove genuine, consistent commercial use.
The recent decision in Airbnb, Inc. v. EUIPO Case highlights what courts expect when assessing “genuine use” – and the serious consequences if proof is lacking.
To be valid, use must be:
Tip: Evidence must be dated, geographically relevant, and verifiable. Screenshots or URLs alone won’t suffice.
We help clients safeguard trademarks with evidence strategies that stand up in cancellation proceedings.
Our services include:
