The Requirement of Genuine Use in Trademark Law: Theoretical and Practical Problems

Abstract

Requirement to use a trademark is precondition of the maintenance of its registration all over the world. However, EU legislation additionally introduces a vague concept of genuineness in its legislation as a criterion of acceptable use. The study investigates theoretical and practical problems of the requirement of genuine use in trademark law. The author employs methods of historical legal research and comparative legal analysis to get profound understanding of the concept of genuine use in retrospect and currently, within and outside of the EU legislation and court practice, in order to identify specific complications related with the requirement of genuine use. The study revealed that the main theoretical problem of the requirement is lack of regulatory interpretation, while practical problems include its temporal and geographical aspects. Author recommends addressing identified problems by implementation of amendments in the EU legislation, namely providing a clearer understanding of the requirement of genuine use in trademark law, and reducing the grace period to 3 years. Another solution is increased reliance on e-evidence in the process of proving genuine use of the trademark.