5-6-3 Proof of Use

to Article 42(2) and (3) CTMR, if the applicant so requests, the opponent shall furnish proof that, during the of five years preceding the of publication of the contested trade mark, the earlier trade mark has been to genuine use in the territories in which it is in with the goods or services in of which it is registered and which he cites as for his opposition, or that there are proper for non-use.

to the same provision, in the of such proof the opposition must be rejected.

The applicant requested that the opponent submit proof of use of the trade mark on which the opposition is .

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to Article 42(2) and (3) CTMR, the earlier mark can only be to the for proof of use when it has been registered for not less than at the date of publication of the contested trade mark.

In the present the contested trade mark was published on 25/06/2013 and earlier trade mark No (…) was registered on 24/04/2009. Therefore, the for proof of use is inadmissible.

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The request was filed in due and it is admissible given that the earlier trade mark was registered more than five years to the of the contested application.

On 27/05/2014, the opponent was given two months to file the requested proof of use.

The opponent did not furnish any evidence concerning the of the earlier trade mark on which the opposition is . They did not argue that there were proper for non-use either.

to Rule 22(2) CTMIR, if the opposing party does not provide such proof before the time limit expires, the Office shall reject the opposition.

Therefore, the opposition must be rejected to Article 42(2) and (3) CTMR and Rule 22(2) CTMIR.