//Mysterious Gleissner

Mysterious Gleissner

The Mac MonopolyThere are numerous articles written about the mysterious Mr. Gleissner who is filing multiple trademark applications worldwide. Moreover, large companies are also facing cancellation actions against their trademarks.

But Mr. Gleissner just had a setback in a revocation action against the trademark KEYNOTE of Apple. The action was brought by Sherlock Systems, one of the many companies of Gleissner. This company put forward that the trademark KEYNOTE of Apple has not been used in the last 5 years. Of course, everybody with an Apple computer knows this program.

Apple states that this action has to be seen in the background of the simultaneous filing by the applicant of 120 (!) non-use revocation actions against EU trademarks belonging to the EUTM proprietor. In addition, the applicant has filed 70 revocation actions before the UK IPO and 15 before the North Korean IP Office. According to Apple, these actions have no legitimate purpose but are meant as pressure to transfer trademark SHERLOCK or otherwise settling the dispute between the parties. Apple highlights the decision of the UK IPO that Mr. Gleissner admitted that it was his dispute with Apple over the ‘SHERLOCK’ trademark that had prompted him to initiate the extremely numerous revocation proceedings before the UK IPO, the Office and the North Korean IPO.

The Cancellation Division states that “in the present case, the applicant is trying to rely on Article 58(1)(a) EUTMR for abusive ends which are not related to the public interest underlying this provision and, therefore, that the application for revocation should be rejected in its entirety as unfounded, without any need to analyse the extensive proof of use filed by the EUTM proprietor.” Which is totally understandable of course.

While we still do not know the background of the multiple trademark applications, we now know the reasoning of the several cancellation actions.

 

Arnaud Bos

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