Boss loss

Registering your brand for many products and services is especially important for major brands. That way you don’t have to file a new brand every time there is a brand extension. It is also easier for you to act against imitators who want to free ride on the reputation of a trademark for products other than those for which the brand is known.

But after 5 years, any trademark, so also the well-known brand, will have to use its registration for the registered products and services. If not, someone can have the registration revoked on the basis of non-use.

This is an important matter for the trademark owner to manage, as also showed the recent decision of the EUIPO. A revocation action was started against the European registration HUGO BOSS, which is registered for a large number of products and services. It is then up to the proprietor to prove that the trademark has been genuinely used in the past 5 years. Hugo Boss submitted a lot of evidence to prove the use of the various products under the trademark.

The EUIPO ruled that the trademark was only used for certain products. For example for clothing, jewelry and sunglasses, but not for food, toys, bicycles, furniture and condoms. And so the HUGO BOSS brand is revoked for a large part of the products and services. Probably this had already been calculated by Hugo Boss and they filed a new (slightly different) application in time in order to have a defensive registration for these products. Keeping a close eye on your trademark portfolio is therefore of great importance.

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Arnaud Bos

“Merkbescherming geeft vrijheid om te kunnen ondernemen.”



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