Questions To The CJEU On When A Trademark Has Lapsed - EU Law Live
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The Federal Court of Justice in Germany (Bundesgerichtshof) has referred questions to the Court of Justice of the European Union for clarification when the period for the lapse of a trademark begins, in Husqvarna v Lidl (C-607/19).
The case concerns the trademark of ‘irrigation sprinkler’ and a counterclaim seeking a declaration that EU trade mark has lapsed. In order to resolve the case, the referring court seeks clarification about how to determine the date from which the period of non-use begins, in circumstances where a trademark was filed prior to the expiry of the period of five years of non-use, and whether Article 51(1)(a) of Trademark Regulation 207/2009 and Article 58(1)(a) of Trademark Regulation 2017/1001 apply in this
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