Genuine Use of a Registered Trademark – Decision of the Second Board of Appeal of 23 October 2019 in Case R 767/2019-2

|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 figurative trademark

|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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