The applicant, a Bulgarian company, represented by the team of IP Consulting, filed a request for revocation of EUTM 008810855 eGift. The application was filed on the grounds of non-use (Article 51(1)(a) EUTMR) and it is directed against all the goods and services covered by the EUTM, namely – Classes 9, 35 and 36.
Based on the Article 51(1)(a) EUTMR, the rights of the proprietor of the trade mark will be revoked on application to the Office, if:
– the EUTM has been registered for more than five years on the relevant date. The relevant date is the date on which the application for
revocation was filed;
– the EUTM hasn’t been genuinely used within the five years preceding that date (the five-year period is always counted backwards from the relevant date).
According to the relevant procedure for revocation on the ground of non-use, the Office gives a particular period of time by which the proprietor of the contested trade mark should have been submitted a reply to the applicant’s observations. But the proprietor of the contested mark did not submit any proofs to defend his trade mark within the given time limit.
In relation to the rule 40(5) EUTMR, if the proprietor of the contested trade mark does not provide proof of genuine use within the time limit set by the Office, the European trade mark will be revoked with the rights in their entirety. Consequently, the rights of the EUTM proprietor are deemed not to have had any effect as from the date when the request for revocation had been filed. The losing party must bear all cancellation fees and costs of the representation.
