Genuine Use of Trademarks

Genuine Use of Trademarks is developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI) that is dedicated to improving and promoting the protection of intellectual property at both national and international levels. Since the first edition of this book in 2018, there have been significant modifications in some countries following the implementation of EU Directive 2015/2436. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. Addressing the issue of trademark use that may be required for the protection and/or maintenance of trademark rights, this book provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide.

What’s in this book:

The contributors have extensive experience and in-depth knowledge in trademark protection in their respective jurisdictions. Each chapter considers issues and topics along with case law examples, including the following:

• types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark;
• requirements as to the volume, duration, and frequency of use;
• impact of the trademark’s designation of goods and services;
• issues relating to the sign used, particularly, if it is used in a different form from the registered trademark, including consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour;
• proof for the genuine use as a trademark, including timing and territory;
• situations in which the genuine use can be of importance;
• valid reasons for non-use; and
• consequences of lack of use depending on the context, including possible revocation of trademark rights.

How this will help you:

One of its kind, this comparative law study is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. Moreover, as a comprehensive resource, this book will prove to be a valuable resource for academics and researchers interested in international harmonization of trademark law.