|Gert Würtenberger| A Union trademark that has been registered for more than five years is subject to the user requirement in order to safeguard its enforceability in opposition and/or infringement proceedings (as regards proof of use in opposition proceedings, see Article 47(2) EUTMR). Whether genuine use has occurred is, according to established case law, to […]
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Use of a Registered Trademark – Effects of Alterations in the Form Used
|Gert Würtenberger| General Aspects Monopolization of a sign is only justified if its proprietor intends to use the sign. For this reason, following the expiry of a 5-year grace period starting with the registration of the sign as a trademark, it is no longer enforceable if it is not used to the legally required extent. […]
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|Gert Würtenberger| According to the observations of the author of this Blog contribution, cancellation proceedings in relation to Union trademarks having been registered for more than 5 years are steadily increasing. This is not astonishing bearing in mind that the Union trademark system exists now for more than 20 years.
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