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Sep 13, 2016
Prof. Dr. Alexander Vida, Danubia Patent & Law Office LLC, Budapest
First published on Danubia’s website (www.danubia.com)

Proof of use: court's decisio on pasta trademark leaves...


Prof. Dr. Alexander Vida, Danubia Patent & Law Office LLC, Budapest, First published on Danubia’s website (www.danubia.com)The international device mark PASTA ZARA (Figure 1) was registered in Class 30 for pasta. The rights holder was the legal successor of the original owner.
The rights holder of a similar mark used for clothes requested revocation of the PASTA ZARA mark on the grounds of non-use. The PASTA ZARA rights holder provided invoices, brochures and packages as evidence of extensive use. However, as the transfer date of the mark was later than the date of the invoices, the Hungarian Intellectual Property Office (HIPO) rejected read more