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And how was it? The task was based partly directly on EUTMR provisions and partly on the Guidelines. The following tasks will give you more insight into the What and the How…
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Question 1 of 2
1. Question
For each of the statements decide if it refers to:
a. revocation
b. invalidity
c. both
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1. It can never be initiated by the Office itself, the initiative lies with the applicant for cancellation.
2. It can be against all or part of the goods and services in the challenged registration.
3. It removes the registration from the EU trade mark Register with retroactive effect.
4. The cancellation is applicable from the day of the request.
5. The cancellation may be on application to the Office or on the basis of a counterclaim in infringement proceedings.
6. The applicant must prove that the grounds for cancellation exist(ed) after the date of registration.
7. The Office will examine the facts within the scope of actual submissions made by the applicant and will not go beyond the legal arguments presented by the applicant.
8. The applicant must prove that the grounds for cancellation existed at the date of application of the EUTM.
9. It is subject to a fee.
10. In contrast to Opposition proceedings, there is no cooling-off period and no subsequent time limit for substantation.
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Question 2 of 2
2. Question
For each of the statements decide if it refers to:
a. revocation
b. invalidity
c. both
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11. It may be cancelled if the EUTM has not been put to genuine use during a continuous period of five years.
12. It may be cancelled if the EUTM was registered contrary to Article 7 EUTMR (Absolute Grounds).
13. It may be cancelled if the EUTM has become generic due to acts/inactivity of its proprietor.
14. It may be cancelled if the EUTM has become misleading due to the use made by its proprietor or with its consent.
15. It may be cancelled where the applicant acted in bad faith when filing the EUTM application.
16. It may be cancelled for the same reasons as those for which a notice of opposition may be filed.
17. It may be cancelled where another earlier right exists in a Member State that permits the use of the trade mark in question to be prohibited, in particular: a right to a name, a right of personal portrayal, a copyright, an industrial property right.
18. The cancellation may be based on a combination of absolute and relative grounds.
19. It is a claim for cancellation of a trade mark registration on the grounds that the trade mark should not have been accepted for registration in the first place
20. It implies that the trade mark was initially registered correctly but that the trade mark should no longer remain on the Register due to one of three main reasons.
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