Conditions for Trademark Use.

Journal article

1 electronic resource (page 275-282)

Extract Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, Art. 198; Commercial Code of Ukraine, Art. 157; Law of Ukraine ‘On Protection of Rights to Trademarks for Goods and Services’, Arts. 16(4) and 18(4) – Nest Headnotes by the Editorial Office 1. A trademark certificate entails not only rights but also obligations for the owner concerning the use of the trademark. 2. The obligation is fulfilled when a trademark is used specifically for the goods and services listed in the certificate. 3. The application of a trademark in relation to a broad activity that encompasses the services listed in the certificate merely as intermediate stages does not constitute proper trademark use. 4. In cases of premature revocation of a trademark certificate due to non-use, the burden of proof rests with the party against whom the revocation application has been filed. However, since civil and commercial proceedings follow an adversarial process, each party is responsible for proving the circumstances upon which their claims or objections are based.

Crossref

GRUR International ; 74, 3, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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