Genuine Use Matters: Lessons from the Airbnb v. EUIPO Case
Airbnb Case: A Cautionary Tale
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:
- ✅ Trademark protection retained for Class 36 services (reviews & feedback about real estate listings, social networking).
- ❌ Revocation upheld for broader services (advertising, payment processing, cultural activities, travel, etc.).
Key Takeaway:
Only services with concrete, well-documented market use survived.
Why This Matters
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.
What Counts as “Genuine Use”?
To be valid, use must be:
- Real, substantial, and consistent – not symbolic.
- Distinctive– identifying goods/services as registered.
- Market-oriented – directed at creating/maintaining market share.
Common Evidence Includes:
- Sales invoices & order records
- Catalogues, product brochures
- Promotional materials, marketing spend records
- Website data, e-commerce extracts, visitor stats
Tip: Evidence must be dated, geographically relevant, and verifiable. Screenshots or URLs alone won’t suffice.
Lessons for Trademark Owners
- Don’t Over-Claim – Register only for goods/services you truly plan to use.
- Keep Records – Maintain a portfolio of invoices, catalogues, ads, and digital activity logs.
- Think Long-Term – Evidence must span at least five years; keep continuous documentation.
- Be Market-Specific – Evidence must show real commercial engagement in the EU.
- Act Proactively – Audit your trademark portfolio regularly to avoid vulnerability.
How can Accolade IP help?
We help clients safeguard trademarks with evidence strategies that stand up in cancellation proceedings.
Our services include:
- Trademark portfolio audits & maintenance
- Preparation of use evidence bundles
- Representation in EUIPO revocation proceedings
- Strategic advice on class coverage & registrations
- Monitoring & enforcement support across global markets