ARE THERE ANY SANCTIONS FOR NOT USING A TRADE MARK?

Is it possible to incur in an application for revocation, i.e. an action filed by a third party arguing that:

 

– the trademark’s owner has failed to put the trademark into genuine use during the five years following registration or for a period of five consecutive years and there are no proper reasons for non-use;

– the trademark has become generic in respect of the goods and services it is registered as a consequence of its use in the market; or

– the use of the trademark is capable to mislead the public.


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