EUIPO revokes Cartier trademark
The European Union Intellectual Property Office (EUIPO) has revoked a trademark owned by luxury jewellery business Cartier International.
On Monday, October 30, the rights to EU trademark (EUTM) number 2,433,415 were revoked in their entirety as from April this year.
The figurative mark—the word ‘Cartier’ placed on top of a square—covered classes 16 (books); 35 (advertising); 36 (direct electronic payment transactions); 38 (telecoms); 39 (distribution and delivery); 41 (publication of texts); and 42 (services provided by computer specialists).
Czech Republic-based perfumery El nino parfum had asked to revoke the mark, which was registered in March 2004, based on non-use.
Under article 58(1)(a) of the EU trademark regulation, an EUTM will be revoked following an opposition if it has not been used genuinely for a continuous period of five years.
El Nino submitted its request for revocation in April this year, and the EUIPO’s Cancellation Division notified Cartier and gave it three months to submit evidence of use.
But Cartier didn’t submit any evidence of use.
“In the absence of any reply from the EUTM proprietor, there is neither any evidence that the EUTM has been genuinely used in the EU for any of the goods and services for which it is registered nor any indications of proper reasons for non-use,” said the office.
Cartier was ordered to pay €1,080 ($1,257).
In May, WIPR reported that Cartier had preempted legal action over its Drive de Cartier brand by filing a declaratory judgment of non-infringement at the US District Court for the Eastern District of Virginia, Alexandria Division.
According to Cartier, the suit arose from watch manufacturer Driva’s “worldwide efforts” to prevent Cartier from using its ‘Drive de Cartier’ mark.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox
