English to Italian Law/Patents Law: Patents, Trademarks, Copyright marchi di fabbrica

2.2 Non use

According to Article 51(1)(a) CTMR (Community Trade Mark Regulation), if within a continuous period of five years after the Community Trade Mark has been registered and before the filing of the application for cancellation the CTM has not been put to genuine use, within the meaning of Article 15 CTMR, then the CTM must be revoked unless there are proper reasons for non use.

Pursuant to Article 51(2) CTMR, if the CTM has been used for only some of the goods and services for which it is registered, the revocation will be limited to the non used goods and services.

As regards procedural aspects of the submission of the evidence (time limits for submitting evidence, ** additional rounds for observations ** and submission of additional relevant evidence, translation of evidence etc.), see the Guidelines on Trade Mark Practice, Part D, Section 1 Cancellation Proceedings.