TRIPS Agreement Article 19: Requirement of Use
This article stipulates the use of a trademark as a requirement for maintaining registration. Many countries have established systems for the cancellation of trademark rights on the grounds that the trademark has not been used, and this article sets the standards for such cancellation in those countries.
Specifically, a trademark right may be cancelled if (1) it has not been used for a continuous period of at least three years, and (2) there is no valid reason for such non-use (TRIPS Agreement Article 19(1)). This provision defines the specific content of the "reasonable period" and "valid reasons for non-use" mentioned in Article 5C(1) of the Paris Convention.
The use of a trademark to avoid cancellation of the trademark right includes use by the trademark owner or by a licensed party (licensee). Since the Paris Convention does not provide for use by persons other than the trademark owner, the provision in Article 19(2) of the TRIPS Agreement can be said to be a more concrete elaboration of the provisions of the Paris Convention.
In Japan, the trial for cancellation based on non-use under Article 50 of the Trademark Act is established as a provision corresponding to Article 19 of the TRIPS Agreement.
・TRIPS Agreement Article 19: Requirement of Use
(1) If the use of a registered trademark is required to maintain the registration, the registration may be cancelled only after an uninterrupted period of at least three years of non-use, unless the trademark owner shows valid reasons based on the existence of obstacles to such use. Circumstances arising independently of the will of the trademark owner that constitute an obstacle to the use of the trademark, such as import restrictions on or other government requirements for goods or services protected by the trademark, shall be recognized as valid reasons for non-use.
(2) When the use of a trademark by another person is under the control of the trademark owner, such use shall be recognized as use of the trademark for the purpose of maintaining the registration.
●References
・Yoshifumi Araki (Author), "Illustrated TRIPS Agreement" (Japan Institute for Promoting Invention and Innovation, 2001)
#PatentAttorney #PatentAttorneyExam #PatentAttorneyExamStudy #IntellectualProperty #IPLaw #Treaty #TRIPSAgreement
#DailyNote #Column #DailyUpdate #note #DailyPost #noteDailyUpdate #Daily #RecentLearning #DailyUpdateClub #AnalysisColumn #Creative #ProfessionalServices