“Proving genuine use of a trade mark (within the meaning of article 16 Directive TMD) can be a challenging task. This is especially the case when a mark has been used irregularly. In those circumstances finding sufficient and suitable proof may be difficult. At the same time, proving that a mark has not been used is arguably more difficult; how do you provide evidence of something that does not exist? For this reason, the CJEU ruled in the Ferrari case that the burden of proof that a trade mark has been put to genuine use rests on the proprietor of that mark. But does this mean that a competitor seeking to have a mark revoked for non-use can merely file a revocation action without further efforts? …” (more)
[Jan Jacobi, The IPKat, 21 March]
First posted 2022-03-22 19:00:48
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