What is use requirement after trademark registration in EU? What actions could be considered as use of trademark in EU? Could we stop validity of trademark registration certificate based on non-use for a period of time? How many years of non-use?
A trademark must be used within five years after its registration. The use of trademark must be on the commercial scale in any state of EU.
What are required documents for renewal trademark in EU? Is grace period after renewal date allowed?
There are no required documents for renewing the certificate of trademark registration in EU. The grace period is 06 months from the expire date of the trademark registration.
Is cancellation of trademark registration in EU available? What is the foundations for such cancellation?
The cancellation of trademark registration in EU is available. A trademark may be cancelled where:
– The mark is against the public policy or morality of the social.
– The mark that are deceive the public.
– The registered trademark conflict with the earlier trademark.
– The marks that breach the copyright of another parties.
– The mark that are similar or identical with the well-known trademark.
– The trademark consists the signs are undistinguishable such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services.
– The mark that are similar or identical with the armorial bearings, flags and other state emblems.
– The mark is generic.
– The mark that are conflict with the protected industrial design or geographical indication.
Is customs record of trademark registration available in EU?
The trademark registration may be recorded on customs data, but it is not automatically mechanism. The owner of trademark is required to follow the procedure set out by each Custom authority of each state in EU.