Partial use and revocation of trademark 'Capri'
On 27 May 2013, the Cancellation Division of OHIM decided over the revocation of the community trademark ‘Capri’. In this decision, the office reasons about the extent of the proof of use needed to avoid revocation.
Article 51(1)(a) of the EC Regulation no. 207/2009 provides that a community trademark shall be revoked if within a period of five years (i) the trademark has not been put to genuine use in the community in connection with the goods or services in respect of which it is registered and (ii) there are no proper reasons for non-use.
The Cancellation Division, in assessing the proof of use offered by the trademark owner, recalled the EU case law on the ‘partial use of the trademark’…
If you are registered and logged in to the site, click on the link below to read the rest of the NCTM briefing. If not, please register or sign in with your details below.
News from NCTM
News from The Lawyer
Briefings from NCTM
The Court of Turin has pronounced its appeal decision within the interim proceedings brought by Delta TV Programs against Google and Youtube for the infringement of its IP rights.
Coty Germany filed a claim before the first-instance German court against First Note for infringement of its Community tri-dimensional trademark.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms