CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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SUNDAY, 7 FEBRUARY 2010
Genuine use in one Member State: the HPO speaks out
Dr Ákos Süle (attorney at Law, Bogsch & Partners) informs Class 46 that the Hungarian Patent Office (HPO) published a statement on 5 February 2010 (full English version available here) on the geographical scope of the use requirement of CTMs. The HPO essentially seems to support the standpoint of BOIP regarding the decision in ONEL/OMEL and suggests that use in a single Member State cannot serve as a basis for genuine use of a Community Trade Mark. Part of the statement may be also understood as a polite and diplomatic response to what has been regarded by some as a somewhat intrusive and lecturing statement on the part of OHIM.
Tags: Genuine use, Hungary,
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Genuine use in one Member State: the HPO speaks out
Dr Ákos Süle (attorney at Law, Bogsch & Partners) informs Class 46 that the Hungarian Patent Office (HPO) published a statement on 5 February 2010 (full English version available here) on the geographical scope of the use requirement of CTMs. The HPO essentially seems to support the standpoint of BOIP regarding the decision in ONEL/OMEL and suggests that use in a single Member State cannot serve as a basis for genuine use of a Community Trade Mark. Part of the statement may be also understood as a polite and diplomatic response to what has been regarded by some as a somewhat intrusive and lecturing statement on the part of OHIM.
Dr Süle comments that it would be reasonable to expect that this HPO statement also indicates a change of practice of the HPO, to require CTM holders to prove that their marks have been used in several Member States. The geographical use requirement of CTMs stands under increasing challenge since the enlargement of the EU from 15 to 25 Members in 2004 (the figure now stands at 27). The statement of the HPO is a very serious step towards change in the current system and one should not be surprised if more national offices adopt the new approach.
Posted by: Blog Administrator @ 09.03Tags: Genuine use, Hungary,
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Reader Comments: 2
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Submitted By: Mark Schweizer
07 February 2010 @ 13.50
This shapes up to be a fight between (some) National Offices and the OHIM over revenues, essentially. If CTMs need to be used in more than one member states, national marks become suddenly a lot more attractive again for SMEs, and the National Offices are to profit. This one will be fun to watch - but not for trade mark owners.
07 February 2010 @ 13.50
This shapes up to be a fight between (some) National Offices and the OHIM over revenues, essentially. If CTMs need to be used in more than one member states, national marks become suddenly a lot more attractive again for SMEs, and the National Offices are to profit. This one will be fun to watch - but not for trade mark owners.
Submitted By:
08 February 2010 @ 08.23
The plot thickens... and the rebels increase in numbers! This is probably the first really big chance for national offices to turn the tide and reverse "customers flow" back to them. But the legal verdict over OMEL/ONEL shouldn't just be about that, should it?
08 February 2010 @ 08.23
The plot thickens... and the rebels increase in numbers! This is probably the first really big chance for national offices to turn the tide and reverse "customers flow" back to them. But the legal verdict over OMEL/ONEL shouldn't just be about that, should it?
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