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EU Trademark Registration Guide 2026: A Complete Strategic Playbook - Part 4

Author：IPspeedy Click： Time：2026-07-14 14:10:00

7. Non-Use Revocation (Article 58 EUTMR)

An EU trademark can be revoked if it has not been put to genuine use in the EU for 5 continuous years. Key principles:

· Genuine use = use that is public, commercial, and in the EU territory.

· Use in a single Member State is sufficient — the mark need not be used across all 27 countries.

· The burden of proof shifts to the trademark owner once non-use is alleged.

· Use must be consistent with the registered goods/services. Minor variations may be acceptable if the core identity is preserved.

· Token use (e.g., minimal sales solely to maintain registration) is not sufficient.

Strategic Implication: Brand owners should maintain use evidence from at least one Member State and calendar the 5-year mark from registration.

8. Landmark CJEU Cases

Case	Year	Court	Topic	Key Holding
Adidas v. Fitnessworld	2003	CJEU (C-408/01)	Dilution scope	Dilution protection extends beyond identical goods to similar goods/services
Intel v. CPM UK	2008	CJEU (C-252/07)	Dilution test	The 'link' test: reputation + similarity + risk of association in consumer mind
L'Oreal v. eBay	2011	CJEU (C-324/09)	Platform liability	Online platforms can be liable for trademark infringement if they actively facilitate counterfeit sales
Louboutin	2018	CJEU (C-163/16)	Color trademarks	A single color can be a trademark if it is precise, uniform, and distinctive in its position on a product
Monopoly / Hasbro	2023	CJEU (C-355/21)	Bad faith	Bad faith requires proof that the applicant knew or should have known of the prior mark

Action Checklist

Before Filing:

· Run the 4-step search (eSearch plus → TMview → common law → TMclass)

· Verify all goods/services terms are in the Harmonised Database (for Fast-Track)

· Budget EUR 850 + additional class fees + EEA representative (if non-EEA)

· Apply for EUIPO SME Fund if eligible (75% reimbursement up to EUR 700)

After Registration:

· Calendar the 5-year non-use review date from registration

· Maintain genuine use evidence from at least one Member State

· Set renewal reminders every 10 years (EUR 850 + possible surcharge)

· Monitor EUIPO Bulletin and national registers for conflicting applications

In Disputes:

· Demand proof of use for opponent marks over 5 years old

· Explore the cooling-off period for settlement before adversarial proceedings

· Consider conversion to national registrations if EUTM opposition is unsuccessful

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. EU trademark law is complex and fact-specific. Consult a licensed EU IP attorney for advice on your particular situation.

Last updated: July 2026 | Sources: EUIPO Official Guidelines (2026), EUTMR (Regulation (EU) 2017/1001), EUTMDR, CJEU rulings, and EUIPO Annual Reports.