“Maxxus Group”Decision of the European Court of Justice (Tenth Chamber) 10 March 2022 – Case No. C-183/21; ECLI:EU:C:2022:174

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Genuine use; Burden of proof; Non-use; Application for revocation; National procedural rules; Market research; Substantiated submissions supporting application;
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10.1007/s40319-022-01184-9
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Article 19 of Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks must be interpreted as precluding a procedural rule of a Member State which, in proceedings concerning an application for revocation of a trade mark for non-use, requires the applicant to carry out market research concerning the possible use of that mark by its proprietor and to make in that regard, to the extent possible, substantiated submissions in support of its application.
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