Journal Article

Repeated filings of a European Community trade mark

Karin Stumpf

in Journal of Intellectual Property Law & Practice

Volume 9, issue 3, pages 225-230
Published in print March 2014 | ISSN: 1747-1532
Published online March 2014 | e-ISSN: 1747-1540 | DOI: https://dx.doi.org/10.1093/jiplp/jpt250
Repeated filings of a European Community trade mark

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Karin Stumpf is a partner with Stumpf Patent Attorneys in Stuttgart, Germany, specializing in trade mark law.

In order to overcome the strict use requirement for trade marks, trade mark owners whose marks become vulnerable to cancellation based on non-use upon expiration of the grace period have started to file identical applications for the same list of goods, thus obtaining another five-year period of non-use upon registration of the identical trade mark.

Repeated filing for the same trade mark has become a widely discussed issue; however, the legal ramifications at the European level remain vague.

Currently, the Community Trade Mark Directive does not cover the issue explicitly, thus putting competitors with an interest in the subject at a disadvantage.

This article discusses current case law and relevant statutes on the issue of repeated trade marks filing at the European level, and attempts to highlight shortcomings that need to be remedied in order to discuss and adjudicate this issue with more clarity.

Journal Article.  4251 words. 

Subjects: Arbitration ; Intellectual Property Law

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