EU trademark registration: grounds for revocation of a mark in its eternity
According to the European Union Trademark Regulation (EUTMR) the owner of a registered EU trademark is entitled to several rights in order to protect its mark and its reputation. However, EUTMR also provides grounds for the revocation of a registered mark in its eternity, thus loosing all rights encountered by the registration of a trademark in the European Union.
One of the grounds for revocation of an EU trademark registration is Article 51(1)(a), which states that the rights that are encountered by trademark registration may be revoked if the trademark in question has not been put into use within five years continuous period of time. In such a case the trademark registration may be revoked for all classes of goods and services. If the trademark has been used only in part of the classes of goods and services, the registration may be revoked for those goods and services where the trademark has not been genuinely used for five years.
If an application for the cancellation of an European trademark registration has been filed, the Cancellation Division requests the owner of the disputed trademark to submit proof of use of a trademark in question. As a negative fact on non-use may not be proven nor by the applicant of proceedings, nor by the Cancellation Division it self. If the owner of the disputed mark may not provide proof of a genuine use in the registered classes of goods and services, the proper reasons for nonuse have to be submitted.
If the owner of the disputed trademark fails to provide proof of genuine use of a mark in the European Union or reasons for nonuse, or the evidence provided is not sufficient and reasonable enough for the Cancellation Division, the trademark registration in the European Union may be revoked and declared cancelled in its eternity from the date when the application of proceedings has been filed. Therefore, also the rights encountered by the this registration are revoked together with the cancellation of a trademark.
To find out more about EU trademark registration or opposition against trademark in the European Union, please contact our English-speaking lawyers at firstname.lastname@example.org.
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