This year, the Higher Regional Court of Nuremburg issued an order in a cancellation action brought against a German trade mark for electric bicycles. It was held that third parties can seek to revoke a registered trade mark if the trade mark has not been used within five years of registration. The burden of proof in cancellation actions lies with the claimant.
Please click on the link below to read the full BrandWrites article.
https://brandwrites.law/not-all-is-lost-partial-cancellation-of-a-german-trade-mark-for-non-use/
