Wine Law

33 trademark was filed (Arts 47.2 and 64). Indeed, to remain valid, the owner of a trademark registered for more than five years has to put it to genuine use in the Union in connection with the goods or services in respect of which it is registered during an uninterrupted period of five years (Arts. 18 and 58). The place conferred on the use made by the right holder is a prerequisite for the legitimacy of his action consistent with the need to limit exceptions to free competition. A trademark owner whose trademark is not being used is thus deprived of a right to take action, which will then consist solely of a will to block competition.

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