États-Unis d'Amérique
Marques de fabrique ou de commerce
7. Section 51(1) of the Irish Trade Marks Act permits the proprietor of a trademark to present “proper reasons” for continued registration despite non-use of a trademark. Please explain the types of circumstances that would be sufficient to satisfy this provision, including, where relevant, results of administrative or judicial decisions addressing this issue.
If the provision which is referred to in the question were invoked in any particular case, it would be for the Patents Office or the Court, in dealing with the matter, to decide whether the circumstances of non-use which were advanced by the proprietor justified the saving of the registration. There have not been any administrative or judicial decisions addressing this issue since the Act came into operation. Because this is a matter which would fall to be decided in the context of the particular case in which it arose, it is not possible to be definitive about the types of circumstances which would result in the saving of a registration. It is likely, however, that, in general, this provision might be successfully invoked, and the registration saved, in situations where the non-use was due to circumstances totally outside the control of the proprietor of the mark, for example where, because of an import or export ban, the proprietor was prevented from selling the goods bearing the mark.