Partial use and revocation of trademark ‘Capri’

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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’…

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