Partial cancellation of "Hans Christian Andersen" demonstrates the importance of documented use for trade mark protection

The Union trade mark "Hans Christian Andersen" for spirits remains partially intact following cancellation proceedings. The decision by the EUIPO Board of Appeal of 24.05.2025 illustrates how high the hurdles for trade mark cancellation are, but also how crucial carefully documented use is.

The Danish writer Hans Christian Andersen is world-famous – and his name was registered as a trade mark for alcoholic beverages. The company Juul's Engros A/S had registered the name in 2015 as a Union trade mark for "alcoholic beverages (excluding beer)". Eight years later, Den Bornholmske Spritfabrik ApS filed an application for complete cancellation of the trade mark. Their allegation: the trade mark had not been used in good faith within the five-year period preceding the application.

Permanent trade mark protection requires genuine use to maintain rights

Under Art. 58(1)(a) of the Regulation on the Union Trade Mark (UMV), a trade mark may be cancelled if it has not been used in good faith within a continuous period of five years – unless there are legitimate reasons for non-use. The Board of Appeal of the EUIPO (European Union Intellectual Property Office) therefore had to examine whether Juul's Engros A/S had genuinely used the trade mark "Hans Christian Andersen" for the registered goods.

The trade mark proprietor submitted comprehensive evidence: sales documents, invoices, product catalogues, social media posts from resellers, and advertising materials. In particular, spirits such as gin, aquavit and various liqueurs were offered under the name "HC Andersen". The lettering appeared on bottle labels, gift packaging and in online shops. A stylised, handwritten signature of the name was also visible, usually on the bottle neck.

Use of the trade mark in modified form

This brought another aspect to the centre of the examination: use of the trade mark in modified form. Although the registered trade mark is "Hans Christian Andersen", it was predominantly used as "HC Andersen" – that is, using initials only. In addition, the name was reproduced in a calligraphic handwriting on the bottles, which made it more difficult to read. However, the Board of Appeal made clear: the use as "HC Andersen" was sufficiently similar to the trade mark word "Hans Christian Andersen". The omission of the written-out first names did not alter the distinctive character, as the initials are generally known in the market – particularly when they appear together with the well-known surname "Andersen". Even the stylised signature did not impair the character of the trade mark, as it remained identifiable to consumers.

Even low sales figures can be sufficient.

Despite relatively low sales figures – in total approximately 2,400 bottles over five years – the Board regarded this use as sufficient. What was decisive was the regularity and continuity of sales as well as the demonstrated use in several EU Member States, including Germany and Sweden. Although the majority of sales took place in Denmark, this is sufficient for genuine use at EU level. The Board emphasised: what matters is not economic success, but rather that a genuine attempt exists to build up or retain a market share.

Nevertheless, the trade mark was not maintained in its original scope. The Board of Appeal concluded that use related only to part of the registered goods. The trade mark was accordingly restricted and maintained only for "spirits and liqueurs" (i.e. not for other alcoholic beverages such as wine). A complete cancellation, as requested by the applicant, was rejected.

The decision is instructive; equally so for proprietors and challengers.

Whilst Juul's Engros A/S succeeded with the evidence of use, the case equally demonstrates how quickly a trade mark can be partially cancelled if use does not cover all registered goods. Anyone who wishes to protect and defend a trade mark must therefore continuously ensure that it is actually present in the market and document this in a verifiable manner.

Practical tip:

Trade mark protection means more than mere registration. To secure a trade mark permanently, genuine, demonstrable use is required. It is crucial in this regard that the trade mark is used as it is registered, or at least in a form that does not alter its distinctive character. Use in a single (large) EU Member State can be sufficient provided it is genuine and effective in the market.

Companies should regularly review their trade mark strategy: do the registered goods and services correspond to actual use? Is there evidence (e.g. invoices, catalogues, advertising)? And: what does the trade mark look like in real use – does it correspond to the registration entry?

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