Amicus Brief

DHL Express v. EUIPO – Chronopost (WEBSHIPPING) (FR)

Published: April 19, 2016


General Court of the European Union

Our Position

The General Court should set aside the decision of the Board of Appeal of EUIPO (European Union Intellectual Property Office) that the alleged presence of infringing acts on the market constitutes a “proper reason” for the proprietor of an EU trademark not to make use of his mark (pursuant to Art. 51(1)(A) of the Trade Mark Regulation) . INTA maintains that “proper reasons” for lack of use refer to circumstances unconnected with the trademark proprietor rather than to circumstances associated with his commercial difficulties or failure to challenge infringing acts.