Legal use
Legal use is a term from trademark law . After a 5-year grace period, it is necessary to use a trademark in business transactions so that the rights to it are retained.
A trademark is used to preserve rights if it is used to a serious extent to identify or advertise the goods or services for which it was registered.
The right-preserving use of a trademark is a prerequisite for the trademark to be able to assert itself as an earlier right in opposition or cancellation proceedings or in the event of a trademark infringement against the objection of non- use. In opposition proceedings, however, according to Section 43 (1) sentence 2 MarkenG, the use of the earlier mark at the time of the decision on the opposition within the last five years must also be made credible if the original grace period has already expired. Therefore, the correct period of use of the earlier trademark must be used in the opposition proceedings.
An unused trademark can be deleted due to expiry ( § 49 MarkenG).
Whether a trademark has been used in accordance with Section 26 of the Trademark Act is a legal question . The Düsseldorf Regional Court ruled that the Ferrari brand " Testarossa " should be deleted.
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- ↑ Federal Patent Court, decision of October 13, 2009, Az .: 24 W (pat) 40/08 . Admody Lawyers Public Company. Retrieved June 12, 2017.
- ↑ BGH, decision of March 16, 2000 - I ZB 43/97 - "Bayer / BeiChem"
- ↑ Ferrari loses cult brand Testarossa . Mirror online. Retrieved August 2, 2017.
