Union européenne
Marques de fabrique ou de commerce
11. Please explain what the requirements of use are, if any, as a condition for a trademark registration. Please explain the definition of use and the conditions of maintenance of a registration in that respect.
There are no requirements of use as a condition for a trademark to be registered. However, section 12 allows an interested person to apply to the Court to have a trademark removed from the Register if a registered trademark has not been used for three years or more. Moreover, s. 15 states that a collective mark can be invalidated if it can be proven that not only the registered owner uses the mark.