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 In parallel proceedings before another court the registered trademark was revoked on the basis of the French law that im