Intellectual Property and Patent & Trade Mark Protection

Intellectual Property and Patent & Trade Mark Protection

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  • Dr. Markus Bahmann
    Dr. Markus Bahmann    Premium Member
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    Necessity of use of a trademark and temporarily injunction (in Germany)
    Dear colleagues:

    Can anybody help me?

    In case that a trademark is meeting the requirement of use (it is registered for more than five years) and a temporarily injunction is applied for at court it is my understanding that the plaintiff should at least

    1. declare that the trademark is in use and
    2. should satisfactoraly show the use of the mark

    In case that the material which is presented to proof the use is not sufficient (the temporarliy injunction is based on a EC Trademark and use of the mark for the services is only "proofed" by one single activity in one city within the community) it is my understanding that the court should reject the apply for the temporarily injunction.

    What would happen in case that the trademark is meeting the requirement of use and there is no word about the use of the trademark and/or no presentation of material to satisfactoraly show the actual use. Isn´t the court forced to reject the apply for the temporarily injunction?

    Looking forward to receiving your comments!

    Regards

    Bahmann
    • 03 Sep 2007, 10:24 am