Common use of Cancellation of Registration Clause in Contracts

Cancellation of Registration. 165. The competent national office shall cancel the registration of a xxxx at the request of any interested party when, without justification, the xxxx has not be used in at least one of the member countries, by the owner or his licensee or any other person authorized for the purpose during the three consecutive years preceding the date on which the cancellation action was initiated. Cancellation of a registration for non-use of the xxxx xxx also be claimed as a means of defense in an opposition action brought on the basis of the unused xxxx. Notwithstanding the provisions of the foregoing paragraph, no cancellation action may be initiated until three years have elapsed from the date of notification of the resolution that exhausts the procedure for registration of the xxxx concerned by the administrative route. Where the non-use of a xxxx affects only one or some of the goods or services for which the xxxx was registered, a reduction or limitation of the list of goods or services included in the registration shall be ordered, at which time those in respect of which the xxxx has not been used shall be eliminated; to that end due regard shall be had to the identicalness or similarity of the goods or services. The registration may not be cancelled when the owner proves that the non-use is due to force majeure or unforeseen circumstances in particular.

Cancellation of Registration. 165. The competent national office shall cancel the registration of a xxxx mark at the request of any interested party when, without justification, the xxxx mark has not be used in at least one of the member countries, by the owner or his licensee or any other person authorized for the purpose during the three consecutive years preceding the date on which the cancellation action was initiated. Cancellation of a registration for non-use of the xxxx xxx also be claimed as a means of defense in an opposition action brought on the basis of the unused xxxxmark. Notwithstanding the provisions of the foregoing paragraph, no cancellation action may be initiated until three years have elapsed from the date of notification of the resolution that exhausts the procedure for registration of the xxxx mark concerned by the administrative route. Where the non-use of a xxxx mark affects only one or some of the goods or services for which the xxxx mark was registered, a reduction or limitation of the list of goods or services included in the registration shall be ordered, at which time those in respect of which the xxxx mark has not been used shall be eliminated; to that end due regard shall be had to the identicalness or similarity of the goods or services. The registration may not be cancelled when the owner proves that the non-use is due to force majeure or unforeseen circumstances in particular.