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Requirement Of Use

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Chapter Summary

The introduction of the requirement of right-maintaining use for the continuity of trademark registration is permissible but not compulsory. This decision is reserved to the national legislators of the Members. If maintenance of the registration depends on factual use of the trademark, it "may be cancelled only after an uninterrupted period of at least three years of non-use" (Art. 19.1). Like Art. 19, the Paris Convention authorizes the requirement of right-maintaining use subject to specific conditions. Art. 19 explicitly authorizes use to be a requirement for the maintenance of a trademark registration.

Keywords: requirement of right-maintaining use; trademark

10.1163/ej.9789004145672.i-910.112
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dcterms_subject,pub_keyword
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