Burning hot August day in the picturesque bay of Lindos (Rhodos/Greece)
A recent decision of the Higher Regional Court Vienna (OLG Vienna), second - and often last – instance in cancellation and…
As of January 14, 2023, actions for revocation and invalidity of Spanish trademarks can be filed through administrative proceedings before the Spanish Patent and Trademark Office (“SPTO”). This is…
As you may recall from our post on the 'Sony Vita' invalidation case, where a trade mark is registered for a product but only used for something viewed by consumers as a different product, the trade…
Under EU trademark law, a trademark may be revoked if it becomes a misleading indication as to the nature, quality or geographical origin of the goods or services it designates after the date on…
In the absence of specific EU provisions, EU national court shall apply in regard to EUTM registrations the applicable national law pursuant to art. 129 EU Reg. 2017/1001 (EUTM Regulation). However,…
Since 1 April 2020 most cancellation actions in France have become administrative proceedings and must be filed with the French trade mark office (“Institut National de la Propriété Industrielle”)…
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…
An administrative non-use revocation action has been available in Switzerland since January 1st, 2017. This action can be filed before the Swiss Trademark Office (IPI) against both National Swiss…
