Revocation

Question 1

For non-use, when does the 5 year period start?

Answer 1

At grant - Armin

Question 2

What does ‘genuine use’ mean?

Answer 2

Non-token, consistent with the functions of a TM - Ansul

Question 3

Do sales have to be to an end user to be ‘genuine’?

Answer 3

No - can be to an agent (La Mer), and can be small (£800)

Question 4

Does genuine use have to be by the rightsholder?

Answer 4

No, can be via a licensee (Scandecor)

Question 5

Give cases each way saying that use in one MS may be enough for an EUTM

Answer 5

Yes - Leno, Starbucks (due to density of SE England / Thames Valley)
No - Sofa Workshop

Question 6

For genuine use purposes, what authority says a website needs to target the relevant territory?

Answer 6

Walton

Question 7

What’s the exception to the 5 year rule? What does this mean?

Answer 7

Invermont - where there are ‘proper reasons’. Have to be pretty exceptional.

Question 8

If a mark has become generic, does it have to be amongst resellers or endusers?

Answer 8

Either - Kornspitz

Question 9

What’s the threshold for a mark that has become misleading?

Answer 9

Risk of deception (not just confusion) - Mendes