Using a trademark in different form than registered and proofs of genuine use – part 1

The First Board of Appeal of the European Union Intellectual Property Office (EUIPO) presented its standpoint on the use of a trademark in different form than registered and the proofs of such use.

In a decision of 18 May 2020 issued in appeal proceedings, concerning declaration of partial revocation of the trademark EUTM 10481596, registered for goods in class 30, including mainly chocolate, flour and milk confectionery, EUIPO stated among others that genuine use of a trademark shall be deemed to have taken place if the mark is used in compliance with its basic function – namely it guarantees the distinction of identity of the origin of goods or services designated therewith.

As part of the analysis of this, the following should be considered: genuine trademark use, time period and territory of use of the mark, which will be the subject of the first part of this article. In the second section, we will present the extent and nature of use of the mark, as well as an overall assessment of proofs in this case.

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