...and rules on the prevalence of European provisions relating to the use requirement. After a few less inspiring judgments, the ECJ has broken new ground in endorsing the concept of serial marks in its judgment on the Bainbridge matter. In a visibly angry judgment, the Court dismissed the claimants arguments, while ruling on a number of interesting questions.The case involved the Italian company Il Ponte Finanziaria owner of a total of eleven (11) Italian word and word/design or word/device trademarks, all consisting of or comprising the word element BRIDGE, as claimant , and the OHIM as defendant. The claimants marks included, inter alia, word mark registrations for BRIDGE and THE BRIDGE, both as word and as word/device marks.Based on its prior marks, the claimant had opposed the CTM application for the mark BAINBRIDGE (CTM No 940007), claimed for ‘leather and imitations of leather, and goods made of these materials (cl. 18); animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery’ and ‘clothing, footwear, headgear’ (cl. 25), basically the very goods for which its *bridge* marks enjoyed protection.When the applicant (intervener in the proceedings before the ECJ) requested the claimant to furnish proof that his marks had been put to genuine use during the five years period preceding the notice of opposition (Art. 43 (2) of the Regulation), the claimant could only establish use of two of his marks. Some of the marks on which the claimant relied were still in their five year …

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