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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.
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 |
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.
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