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Opposition proceedings and proof of use

Wednesday 4th June 2014

It is possible to request proof of use of the opposed trademark, even though the mark has been registered for less than five years before the publication  of the challenged application, when the opposing mark is an identical re-filing of an earlier mark that is liable to the request of proof of use. Indeed, the new trademark could have been filed with the purpose of artificially extending the grace period for use of the earlier mark.

(Decision of the Board of Appeal of 13 Fébruary 2014 – R 1260/2013-2 - KABEL PLUS vs. CANAL PLUS)