July 31
download app
download appDOWNLOAD OUR APP
download google-play
download app-store
Anjum Shabbir
Anjum Shabbir
27th March 2020
Data, Tech & IP

Analysis: “Revocation of trademark that has never been used does not bar infringement claims, rules CJEU” by Bernd Justin Jütte

In Cooper International Spirits  (C-622/18), handed down yesterday, the Court of Justice of the European Union rules that the owner of a registered but subsequently revoked trademark can claim damages for infringements to that mark committed before revocation although the trademark has never been used. The requirement to use a trademark is an essential requirement in order to enjoy continuous protection for a sign.

In the French proceedings that led to the preliminary reference, the owner of the registered trademark ‘Saint Germain’ brought proceedings against defendants who had marketed a liqueur under the name. In parallel proceedings before another court the registered trademark was revoked on the basis of the French law that im


Your privacy is important for us

We use cookies to improve the user experience. Please review privacy preferences.

Accept all Settings

Check our privacy policy and cookies policy.