tag:blogger.com,1999:blog-5574479.post6381663387971907298..comments2024-03-29T13:59:42.629+00:00Comments on The IPKat: We've got five years, that's all we've gotVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-48368791430687787862016-02-01T12:43:28.781+00:002016-02-01T12:43:28.781+00:00The only conclusion that can surely be reached is ...The only conclusion that can surely be reached is that the use of the mark can only be considered after 5 years have passed.<br /><br />It is not a requirement of the CTM system for a trade mark to be in use prior to registration. Without such a requirement it is necessary to have a time limit by which point the trade mark has to have been commercially exploited, this time limit is the period of 5 years detailed in Art 15 CTMR.<br /><br />However, it seems to me that the first question is misleading, as it implies that there has been no use of this mark within the first five years (which would of course be relevant), as opposed to there being no use within the the first two years from the registration as is the case in the current proceedings, which should not be relevant.<br /><br />I am, however, curious of what the result would be if such an action were to brought only a few weeks prior to the 5 year point. In so far as, where a mark had not been used previously, could a court reasonably infer that it is not possible for the proprietor to make genuine use of it prior to the fifth year and therefore cancel the registration on such a presumption?H Leenoreply@blogger.com