Translation of "Benutzung der marke" in English

Ajax was thus prohibited from using the Minimax trade mark in the Benelux countries.

The CJEU ruled on proof of genuine use of the earlier mark:

This symbol may be added to the registered trade mark within the scope of use.

Moreover, the rules governing the use of the Gstaad trademark apply.

Brand protection is growing with the brand's long-term use.

Was there any reason to use the mark applied for?

Use of the trade mark with the consent of the proprietor shall be deemed to constitute use by the proprietor.

It gives its owner the right to exclude all others from using the trade mark.

The parties to the concentration were notified of the decision on the same day.

Moreover, proof of use may be required if the conditions of Article 47(4) apply.

And may a trademark owner sue even if he knows of the use as a trademark?

As the owner of a trademark, you can take action against the use of the protected trademark by non authorized parties.

No person may claim that the proprietor's rights in a trademark should be revoked where, during the interval between expiry of the minimum three-year period and filing of the application for revocation, genuine use of the trademark has been started or resumed.

If the applicant has to furnish proof of use or proof that there are proper reasons for non-use under Article 56(2) or (3) of the Regulation, the Office shall invite the applicant to furnish proof of genuine use of the mark, within such period as it may specify.

Whereas it follows from the principle of free flow of goods that the proprietor of a Community trade mark must not be entitled to prohibit its use by a third party in relation to goods which have been put into circulation in the Community, under the trade mark, by him or with his consent, save where there exist legitimate reasons for the proprietor to oppose further commercialization of the goods;

The certificate must be accompanied by an identification of the actual use of the mark, duly certified by the abovementioned authority.

The GSL is incompatible with the previous OGL, however the OGL is non-revokable, and remains in widespread use.

An EU trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the European Economic Area under that trade mark by the proprietor or with his consent.’.

As a complement to the existing provisions on Community collective marks and to remedy the current imbalance between national systems and the EU trade mark system, it is necessary to add a set of specific provisions for the purpose of providing protection to European Union certification marks (‘EU certification marks’) which allow a certifying institution or organisation to permit adherents to the certification system to use the mark as a sign for goods or services complying with the certification requirements.

An applicant for an EU certification mark shall submit regulations governing the use of the certification mark within two months of the date of filing.

Use of a trade mark by third parties for the purpose of artistic expression should be considered as being fair as long as it is at the same time in accordance with honest practices in industrial and commercial matters.

Exhaustion of the rights conferred by an EU trade mark

That certificate shall attest that the mark was used for the goods or services covered by the application.

Furthermore, the proprietor should not be entitled to prevent the fair and honest use of the mark for the purpose of identifying or referring to the goods or services as those of the proprietor.

In order to ensure legal certainty and safeguard legitimately acquired trade mark rights, it is appropriate and necessary to provide that, without prejudice to the principle that the later trade mark cannot be enforced against the earlier trade mark, proprietors of earlier trade marks should not be entitled to obtain refusal or invalidation or to oppose the use of a later trade mark if the later trade mark was acquired at a time when the earlier trade mark was liable to be declared invalid or revoked, for example because it had not yet acquired distinctiveness through use, or if the earlier trade mark could not be enforced against the later trade mark because the necessary conditions were not applicable, for example when the earlier mark had not yet obtained a reputation.

Where the proprietor of a trade mark is not entitled to prohibit the use of a later registered trade mark pursuant to paragraph 1 or 2, the proprietor of that later registered trade mark shall not be entitled to prohibit the use of the earlier trade mark in infringement proceedings, even though that earlier right may no longer be invoked against the later trade mark.