Geography Reference
In-Depth Information
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Article 74f(2) provides that the amendment shall not be mentioned in the
Register where the amended regulations do not satisfy the requirements of Art
74c or if they involve one of the grounds for refusal referred to in Art 74d.
Article 74f(4) provides that amendments to the regulations governing use shall
take effect only from the date of entry of the mention of the amendment in the
Register.
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viii.
Transfer
Article 74g provides that by way of derogation from Art 17(1) (which provides
that a Community trade mark may be transferred, separately from any transfer
of the undertaking, in respect of some or all of the goods or services for which it
is registered) a European certification mark may only be transferred to a legal
person which meets the requirements of Art 74b(2).
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ix. Persons who are entitled to bring an action for infringement
Article 74h(1) provides that only the proprietor of a European certification
mark or any person specifically authorised by him to that effect shall be entitled
to bring an action for infringement.
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Article 74h(2) provides that the proprietor of a European certification mark
shall be entitled to claim compensation on behalf of persons who have authority
to use the mark where they have sustained damage in consequence of unauthor-
ised use of the mark.
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x. Grounds for revocation
Article 74i provides that in addition to the grounds for revocation provided for
in Art 51
147
the rights of the proprietor of a European certification mark shall
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147
Article 51 provides:
1(a)
if, 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; however, no person may claim that the proprietor's rights in a
Community trade mark should be revoked where, during the interval between expiry of the five-year
period and filing of the application or counterclaim, genuine use of the trade mark has been started or
resumed; the commencement or resumption of use within a period of three months preceding the
filing of the application or counterclaim which began at the earliest on expiry of the continuous
period of five years of non-use shall, however, be disregarded where preparations for the commence-
ment or resumption occur only after the proprietor becomes aware that the application or counter-
claim may be filed;
(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.
