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Posts tagged as “Proof of use”

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

by 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 be established by a global assessment that takes into account all relevant factors of the particular case. That assessment entails a degree of interdependence between the factors to be taken into account, one of which is the commercial value achieved under the trademark. Thus,…

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