Glossary entry

Spanish term or phrase:

declaracion de la caducidad de una marca

English translation:

revocation of a trademark

Added to glossary by Anna Moorby DipTrans
Feb 6, 2020 10:31
4 yrs ago
38 viewers *
Spanish term

caducidad de una marca

Spanish to English Law/Patents Law: Patents, Trademarks, Copyright
El litigio se centró en la demanda interpuesta por XXX contra YYY en la que, entre otros extremos, la demandante solicitaba la declaracion de caducidad total de la marca BBBBB y la caducidad parcial de la marca AAAA basandose en la falta de un uso real y efectivo en el mercado durante los cinco años anteriores para todos los productos cubiertos por su registro.

Thanks
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Non-PRO (1): TechLawDC

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Discussion

Jane Martin Feb 6, 2020:
@ Robert Yep, it could be misleading in the glossary - not sure what we can do to avoid that.....
Robert Carter Feb 6, 2020:
@Jane Yes, as I say, I think "revocation" works in the case we have here for "declaración de caducidad", but not for the specific term queried. It would be misleading to have an entry in the glossary showing "revocation" as equivalent to "caducidad", which is I think what your answer suggests (at least I was thrown by it at first glance, and I dare say Adrian was too).

Proposed translations

+4
8 mins
Selected

revocation of a trademark

1. What is revocation for reasons of non- use?
Revocation on grounds of non-use is the legal procedure for removing a registered trade mark from the UK register because the trade mark has not been used in the five years since the trade mark was registered, or for any uninterrupted period of five years and there are no proper reasons for non-use. It is possible to apply to remove the entire registration or just the registration of the mark for some of the goods and/or services.
https://www.gov.uk/government/publications/trade-marks-revoc...

1. A trade mark shall be liable to revocation if, within a continuous period of five years, it has not been put to genuine use in the Member State in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use.
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:...


1. Podrá ser declarada la caducidad de una marca si, dentro de un período ininterrumpido de cinco años, no hubiere sido objeto, en el Estado miembro de que se trate, de un uso efectivo para los productos o servicios para los que esté registrada, y si no existieren causas que justifiquen la falta de uso.
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:...
Peer comment(s):

agree neilmac : Not expiry/expiration in this case....
1 hr
Thanks Neil
agree philgoddard
3 hrs
Thanks Phil
agree TechLawDC : revocation of trademark for non-use
3 hrs
Thank you.
neutral Robert Carter : Okay in the case of applying for "declaracion de caducidad" but not "caducidad" by itself, IMO.
4 hrs
You are right of course, but I think this is the meaning in this particular context.
agree Mary Gardner Hume
9 hrs
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4 KudoZ points awarded for this answer. Comment: "Thanks everyone!"
+1
3 hrs
Spanish term (edited): caducidad /total o parcial/ de una marca

/total or partial / lapse (defeasance) of a mark

There might be a slight problem with a partial or total cancellation or revocation of a trademark that lapses or is defeated automatically.

There is also a vague chance that the marca is not a trademark but a picture- or wordmark.
Example sentence:

AUTOMATIC DEFEASANCE - Trademark Details Status: 602 - Abandoned-Failure To Respond Or Late Response Image for trademark with serial number 87209554 trademarks.justia.com/872/09/automatic-87209554.html

WHEREAS, the vast majority of jurisdictions in the world permit partial non-use cancellation of a trademark registration, but a number of countries and jurisdictions still do not provide for partial non-use cancellation in their trademark laws ....

Peer comment(s):

agree Robert Carter : Yes, we usually talk about a trademark lapsing because of non-renewal. I don't think it can revoke itself. A WIPO link https://www.wipo.int/edocs/lexdocs/laws/en/ad/ad004en.pdf
1 hr
Yes, thx. That point - self-revocation or self-cancellation in whole or, problematically, in part - was exactly my own doubt and made me raise my (bushy Neanderthal) eyebrows. Proper link: https://iate.europa.eu/search/standard/result/1581001456649/...
Something went wrong...
3 hrs

trademark expiration

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