Trademark Revocation Actions For Non-Use: Who Bears The Burden?

In Short

The Situation: The Court of Justice of the European Union ("CJEU") confirmed in a recent decision that a party initiating a trademark revocation action on the grounds of non-use is not required to provide evidence of market research concerning possible use of the trademark in question, or to make substantiated submissions in that regard in support of its application. This case falls in line with the recent global trend of decreased procedural burdens for filing trademark revocation actions.

The Background: A trademark registration is liable to face partial or full revocation if it has not been put to genuine use in connection with the designated goods and services for a continuous period of time (five years in the European Union and the United Kingdom, three years in the United States and China). Under EU law, any natural or legal person may initiate such proceedings without the need to demonstrate their interest in cancellation of the trademark or