After registration of a EUTM

The effects of registration begun on the publication date of the registration for a term of 10 years from the application date that may be renewed any number of times.

Mark use

The owner who has not put his mark to genuine use in the EU in connection with the goods and/or services referred to in the registration during an uninterrupted period of 5 years from the registration date, without good reason, shall be liable to revocation of his rights.

The use concerns the mark as registered, but slight modifications which do not alter the distinctive nature are possible. The use concerns the goods and/or services referred to in the registration. A partial revocation is then possible if the owner uses his mark only for a part of the goods and/or services referred to in the registration. The use for similar products (as clothing and shoes) is insufficient. So, it is of importance to be able to provide, at any time, evidences of use (as catalogues or advertising from different years...).

The use may not be proven in all member states of the European Union. 

Revocation of a mark that has become common

When a product is new, it is often named with its mark. For example, one says a "thermos" instead of an "isolated bottle". The owner has to prevent his mark from becoming the common name of the product or service. If he does not persue, he is liable to revocation of his rights according to Article 50.

Foreclosure by tolerance

Article 53 provides that the owner of a EUTM or of a national right cannot proceed for infringement against a later registered EUTM if he has tolerated its use for 5 years. A mark which first seems to have a small scope of activity can always grow up lately. A late infringement proceeding will then not be admissible.

Watching over the mark applications

It is highly recommended to watch up the filing publications of marks having effect in the European Union States : National marks, EUTM and international marks designating European States. We can follow these publications and warn you when an opposition may be done against the registration of an identical or similar mark application.

Opposability to third persons

Any transfer or licensing concerning the EUTM shall be recorded as soon as possible in the Register of Marks in order to always have effects against others. Any other modification in the name, address... of the owner shall be indicated to the Office.