Brands Update - October 2008
Lawyers Christopher Benson, Tom Carl, Carol Kasiyamhuru, Timothy Pinto, Rosario Valdez-Knight
Use it or lose it – Small scale use needs cogent proof
Whether a brand is protected as a Community trade mark or through UK registration, the brand owner is under an obligation to use it for the claimed goods and services. The mark must be put to genuine use within five years of registration and there must be no continuous period of five years non-use. Non-use renders a mark liable to revocation and the mark cannot be relied on in opposition or invalidation proceedings.
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