ARTICLE · 11 DECEMBER 2023

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Cancelling A Trademark For Non-use In Africa

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The "non-use of trademarks" is a legal concept that pertains to not using a registered trademark for an extended period after its registration.

GlobalIntellectual Property

The "non-use of trademarks" is a legal concept that pertains to not using a registered trademark for an extended period after its registration.

This mechanism is justified to prevent trademarks from being registered and maintained solely for speculative or strategic purposes without genuine commercial intent. It aims to ensure fair competition and the availability of trademarks for genuine and commercial use while discouraging the creation of a "trademark graveyard," as referenced by Professor Remo Franceschelli.

In such cases, numerous trademarks are registered but left inactive, often to block competitors, and this practice can be detrimental to fair competition and innovation.

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