A trade mark lapses if it has not been put to genuine use during a particular period of time. What conditions must be fulfilled to avoid such a lapse? The trade mark ‘Fohlenelf’ [foals team], belonging to the well-known German football club Borussia Mönchengladbach, was attacked for non-use. What was the outcome of the case?
Brands are an important asset for any company. However, if the branded goods are no longer produced, does the brand become something other people can freely use, and is all the previous hard work in building up the reputation lost? What must be done to legally preserve such trade marks?
In practice, trade marks are often registered for a broad generic term of goods or services. However, in reality use may only apply to a single product or service covered by the generic term. Might a trade mark lose its commercial justification as a result and could it even be revoked?