In a recent decision, the Board of Appeal of the European Union Intellectual Property Office held Hasbro’s MONOPOLY registration partially invalid. This decision, if it is not appealed, will have a significant impact on businesses’ brand protection strategies.

The five-year grace period -

EU Trade Mark owners are afforded a five-year grace period from registration, during which they can enforce their mark without being required to prove use for the registered goods and services. Once this period has expired, owners may be obliged to provide evidence that they have used the mark in commerce in order to rely on those rights against third parties. Therefore, historically trade mark proprietors have, as a common practice, sought to in effect re-set the non-use grace period by re-filing their marks prior to the expiry of the five-year term.