In this judgment, the CJEU confirms this important trend: the lack of precision of the wording (designation of goods and services) of the trade mark, which may even include the wording of a class, does not really have an impact on the validity of the trade mark. On the other hand, this defect will be exploited in an action for revocation of a trade mark for failure to use it for five years.

http://curia.europa.eu/juris/document/document.jsf;jsessionid=7B34D7D85169E624DA19D7D07D34A8BE?text=&docid=222824&pageIndex=0&doclang=fr&mode=lst&dir=&occ=first&part=1&cid=8150221

A trademark owner can oppose the registration of a new trademark that he considers too close to his trademark. The applicant can then demand that this holder provide proof of genuine use of his earlier mark (art.47 EU Regulation 2017/1001). This proof is more or less heavy depending on the degree of homogeneity of the category of goods or services considered.

T-126/03 – Reckitt Benckiser (España) v OHIM – Aladdin (ALADIN)

https://www.village-justice.com/articles/usage-serieux-une-marque-sur-quelle-partie-des-produits-services-doit-porter,33371.html

Be accompanied by a trademark lawyer

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