In this webinar, our trade mark team provided an analysis of which marks parties should rely upon in opposition and cancellation proceedings in the EU, bearing in mind the often misunderstood use requirement in the EU. Particular attention was paid to the EUIPO's seemingly unique approach requiring use be shown if one owns earlier registrations on which one is not relying in the subject proceedings in certain circumstances.
Key cases:
- PATHFINDER (Case R 1785/2008-4 (OHIM Fourth Board of Appeal Nov. 15, 2011)
- Kabelplus AG v. GROUPE CANAL+, SA & CANAL+ FRANCE, Société Anonyme à Directoire et Conseil de Surveillance, Case R 1260/2013-2 (OHIM Second Board of Appeal Feb. 13, 2014)
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Originally Published 12 July 2017
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.