Siniša Varga, LLD*
THE FRAUDULENT USE OF THE EUROPEAN UNION TRADEMARK
Summary
According to the Article 58(1)c of Regulation (ЕУ) 2017/1001 of the Еuropean parliament and of the Сouncil of 14 June 2017 on the European Union trade mark, the rights of the proprietor of the European Union trade mark shall be declared to be revoked on application to the Office or on the basis of a couterclaim in infringement proceedings if, in consequence of the use made of it by the proprietor of the trade mark or with his consent in respect of the goods or services for which it is registered, the trade mark is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services. Criteria used in estimation of trademark owner misleading conduct are comparable with those for estimation of the refusal of trademark application on the (absolute) ground regarding trademark deceptiveness. It means that cancellation applicant must prove actual deceit and/or manifest deception because for refusal of trademark application on the basis of mentioned absolute ground actual deceit or a sufficiently serious risk that the public will be deceived must exist.
The list of circumstances as to which deceit could be caused is not exhausted, but confusion over commercial origin of goods is excluded and not legally relevant for this ground of trademark right revocation.
Key words: Trademark Law, European Union, misleading conduct, revocation.