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Jul 12, 2016
Imogen Fowler, Hogan Lovells, Alicante, Spain
Elena Nicolas, Hogan Lovells, Alicante, Spain
First published on Lime Green IP, www.limegreenipnews.com

Six months to think - CJEU clarifies that EU partial tr...


Imogen Fowler, Hogan Lovells, Alicante, Spain, Elena Nicolas, Hogan Lovells, Alicante, Spain, First published on Lime Green IP, www.limegreenipnews.comThe Court of Justice of the European Union (CJEU) has held that where an EU trade mark (EUTM) has been partially renewed the owner still enjoys the six month grace period in which to file any further partial renewal requests relating to the remaining goods and services.
In the present case, Nissan had requested the partial renewal of one of its EUTMs in two out of three classes. The European Union Intellectual Property Office (EUIPO) confirmed the partial renewal and informed Nissan that the registration had consequently been removed from the register in respect of the remaining goods in class 9.
Nissan subsequently filed several requests for renewal of the mark in class 9 within the six month grace period. The EUIPO refused these requests, and the First Board of Appeal confirmed that decision. The Board found that the request for partial renewal constituted a surrender of  read more