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Intellectual Property Insights: General Court considers proof of genuine use in revocation proceedings

April 2023

As part of the WTR (World Trademark Review) series EUROPEAN UNION | Legal updates: case law analysis and intelligence, Zsófia Judit Halmágyi, Intellectual Property Counsel, recently authored a piece titled “General Court considers proof of genuine use in revocation proceedings“.

The thesis:

  • The question affects the way in which claims are formulated in actions before national courts
  • The General Court has upheld the decision of the Board of Appeal in proceedings for the revocation of the mark EFBET
  • The court reiterated that, in revocation proceedings, the trademark owner has the burden of proving genuine use of the mark
  • The Board of Appeal was right to find that proof of genuine use of the mark afforded protection only for the sub-category of “gambling”

To download the full article, please click HERE.

This article first appeared on WTR Daily, part of World Trademark Review, in February 2022. For further information, please go to www.worldtrademarkreview.com

To raise awareness on intellectual property aspects and to help companies understand the relevant concepts, risks and benefit connected to such, SIMION & BACIU constantly contributes expert views to reputable publications, such as WTR Daily.

SIMION & BACIU is a 2-time winner of the much-coveted Romanian Law Firm of the Year award by Managing IP in 2021 and 2022. Also, the firm is the winner of the prestigious Trademark Firm of the Year for Romania distinction at the 2022 Global IP Awards Gala presented by IAM 100 and World Trademark Review (WTR) 1000.

More details on our Intellectual Property practice are available HERE.

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