Geography Reference
In-Depth Information
(h) Use of marks
Article 70 provides that use of a Community collective mark by any person who
has authority to use it shall satisfy the requirements of this Regulation, provided
that the other conditions which this Regulation imposes with regard to the use
of Community trade marks are fulfilled.
6.107
6.108
Where regulations concerning use are amended, Art 71(1) requires the propri-
etor of a Community collective mark to submit to OHIM any amended
regulations governing use.
6.109
Article 12(5) of Regulation (EU) No 1151/2012 of the European Parliament
and of the Council of 21 November 2012 on quality schemes for agricultural
products and foodstuffs
135
provides that without prejudice to Directive 2000/
13/EC,
136
the collective geographical marks referred to in Art 15 of Directive
2008/95/EC
137
may be used on labels, together with the PDO or PGI.
(i) Grounds for revocation
Article 73 provides that apart from the grounds for revocation provided for in
Art 51 (ie (a) within a continuous period of five years, the trade mark has not
been put to genuine use in the Community in connection with the goods or
services in respect of which it is registered, and there are no proper reasons for
non-use; (b) if, in consequence of acts or inactivity of the proprietor, the trade
mark has become the common name in the trade for a product or service in
respect of which it is registered; (c) if, in consequence of the use made of it by
the proprietor of the trade mark or with his consent in respect of the goods or
services for which it is registered, the trade mark is liable to mislead the public,
particularly as to the nature, quality or geographical origin of those goods or
services) the rights of the proprietor of a Community collective mark shall be
revoked on application to the Office or on the basis of a counterclaim in
infringement proceedings, if:
6.110
(a)
the proprietor does not take reasonable steps to prevent the mark being
used in a manner incompatible with the conditions of use, where these
exist, laid down in the regulations governing use, amendments to which
have, where appropriate, been mentioned in the Register;
135
OJ L 343, 14.12.2012, p. 1.
136
Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approxima-
tion of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ
2000 L 109, p. 29).
137
Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the
laws of the Member States relating to trade marks, (OJ L 299, 8.11.2008).
