June 18
2021
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26th October 2020
Data, Tech & IP

Op-Ed: “Testarossa judgment does not leave Ferrari red-faced“ by William Bull

The requirement for trade mark proprietors to make genuine use of their trademarks is one that those new to intellectual property law may not be aware of. Typically summed up in the maxim “use it or lose it”, a registered trade mark must be put to genuine use if it is to remain valid. In the EU, this rule is laid down in Article 16(1) of the recast Trademark Directive of 2015 (Directive 2015/2436), which provides for the revocation of a trade mark that has not been put to genuine use for a continuous period of five years in the Member State in connection with the goods or services in respect of which it is registered. While at first sight it may seem odd to require a trade mark owner to actually use their property, there are sound econom

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