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03/26/2021

BGH overturns established case law on proof of use in favor of plaintiff trademark owners

The interpretation and standardization of national law on the basis of European law requirements always brings uncertainties - and this is also the case in trademark law. For owners of German trademarks, however, thanks to the decision of the Federal Court of Justice of January 14, 2021 (Case No. I ZR 40/20) and the recently implemented EU Directive on the approximation of the laws of the Member States relating to trademarks, the requirements in the context of an application for revocation or the filing of an action for revocation have now been reduced. This means that in the future it will be easier to remove unused interfering trademarks, which technically only exist on paper.

The interpretation and standardization of national law on the basis of European law requirements always brings uncertainties - and this is also the case in trademark law. For owners of German trademarks, however, thanks to the decision of the Federal Court of Justice of January 14, 2021 (Case No. I ZR 40/20) and the recently implemented EU Directive on the approximation of the laws of the Member States relating to trademarks, the requirements in the context of an application for revocation or the filing of an action for revocation have now been reduced. This means that in the future it will be easier to remove unused interfering trademarks, which technically only exist on paper.

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