Common use of Grounds for Revocation Clause in Contracts

Grounds for Revocation. 1. Each Party shall provide that a trademark shall be liable to revocation if, within a continuous period of five years, it has not been put to genuine use in the relevant territory 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 trademark should be revoked where, during the interval between expiry of the five-year period and filing of the application for revocation, genuine use of the trademark has been started or resumed. The commencement or resumption of use within a period of three months preceding the filing of the application for revocation 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 commencement or resumption occur only after the proprietor becomes aware that the application for revocation may be filed. 2. A trademark shall also be liable to revocation if, after the date on which it was registered: (a) in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a good or service in respect of which it is registered; (b) in consequence of the use made of it by the proprietor of the trademark or with his consent in respect of the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

Grounds for Revocation. 1. Each Party shall provide that a trademark shall be liable to revocation if, within a continuous period of five at least three years, it has not been put to genuine use in the relevant territory 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 No person may claim that the proprietor's rights in a trademark should be revoked where, during the interval between expiry of the fiveminimum three-year period and filing of the application for revocation, genuine use of the trademark has been started or resumed. The commencement or resumption of use within a period of three months preceding the filing of the application for revocation which began at the earliest on expiry of the continuous period of five at least three years of non-use, use shall, however, be disregarded where preparations for the commencement or resumption occur only after the proprietor becomes aware that the application for revocation may be filed. 2. A trademark shall also be liable to revocation if, after the date on which it was registered: (a) in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a good product or service in respect of which it is registered;; or (b) in consequence of the use made of it by the proprietor of the trademark or with his consent in respect of the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

Grounds for Revocation. 1. Each Party shall provide that a trademark shall be liable to revocation if, within a continuous period of five at least three years, it has not been put to genuine use in the relevant territory in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use. 2. However, no No person may claim that the proprietor's rights in a trademark should be revoked where, during the interval between expiry of the fiveminimum three-year period and filing of the application for revocation, genuine use of the trademark has been started or resumed. 3. The commencement or resumption of use within a period of three months preceding the filing of the an application for revocation which began at the earliest on expiry of the continuous period of five years of non-use, shall, however, use shall be disregarded where preparations for the commencement or resumption occur only after the proprietor becomes aware that the application for revocation may be filed. 24. A trademark shall also be liable to revocation if, after the date on which it was registered: (a) in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a good or service in respect of which it is registered; (b) in consequence of the use made of it by the proprietor of the trademark or with his the consent of the proprietor in respect of the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.