The proprietor of a trade mark has an exclusive right within the five-year period from its registration even if the trademark is not being used
26-08-2020 Print this page
Trade mark law - The Trade Mark Directive leaves Member States the option of allowing the proprietor of a trade mark whose rights in that mark have been revoked on expiry of the five-year period from its registration to make genuine use of the mark to retain the right to claim compensation for the injury sustained as a result of the use by a third party, before the date on which the revocation took effect: the proprietor of a trade mark has an exclusive right within the five-year period from its registration even if the trade mark is not being used, Member States are free to decide on the date on which the revocation of a trade mark takes effect, the fact that a trade mark has not been used does not, in itself, preclude compensation in respect of acts of infringement that have been committed, that remains an important factor to be taken into account in determining the existence and, as the case may be, the extent of the injury sustained by the proprietor and, accordingly, the amount of damages that he or she might claim.
IPPT20200326, CJEU, AR v Cooper
