Non Use

11 articles available

Following the strategic cancellation attempts seen in the Ericsson and Sanyo cases, another trademark dispute has reached a Kazakhstani court, this time involving a Ukrainian trademark holder and a…

In a previous post titled Trademark Squatting in Kazakhstan: From Russia with Love, we explored how Swedish telecom giant Ericsson successfully defended its trademarks against a Russian company's…

A Puerto Rican chicken company abandoned its mark because it stopped using it for five years and never could offer any evidence of an intent to resume use. The U.S. Court of Appeals for the First…

In its decision of 23 August 2024, the German Federal Patent Court ruled, inter alia, on the question whether a word mark is put into genuine use when it is used as part of a logo and displayed in a…

In the third (and final) of our blogs reporting on the UK Court of Appeal decision in Lidl v Tesco, we examine the findings in relation to non-use revocation. At first instance, the judge found that…

  For some time, brand owners and practitioners in Turkey have been waiting for three things to be moved forward before TÜRKPATENT, namely (1) administrative non-use cancellation proceedings, (2) an…

Intellectual property law is designed to confer exclusive protections to intangible assets, to be used in compliance with honest commercial practices. In the absence of a statutory definition of what…

If a mark is revoked after never being used, may the trademark owner obtain compensation of the “damages” incurred before revocation took effect? This what the CJEU was asked to decide in case C 622…

The concept of genuine use of a trademark should be the same for all sorts of products/services, but for pharmaceuticals this is not always the case. Given the particular regulatory regime which…