Industrial property, Use of the trademark, Civil Cassation, First Section, Order n. 15903 of 06/06/2023
Art. 24 of the Italian Criminal Code. Use of the trademark and the Court of Justice 11 March 2003, Ansul, C‐40/01, par. 43 Passim The art. 24, paragraph 3, IPC provides that, except in the case of rights acquired on the trademark from third parties with filing or use, revocation cannot be enforced if between the expiry of the five-year period of non-use and the filing of the application or objection to revocation 'genuine use' of the trade mark has begun or resumed. As taught by the Court of Justice regarding the revocation of the trademark for non-use, in verifying the "genuine use"...
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