Recently, a worldwide premiere of a new iPhone has taken place. The product named “iPhone X” has raised controversies mainly because of its price and the function of unblocking the phone by means of recognizing the user’s face. As far as the price of this new device is the issue of secondary importance for the true lovers of Apple’s products, the function of recognizing the user’s face is not.
Upon seeing a word or word-figurative trademark, do we wonder who really has the exclusive right to use it? The applicants are hardly ever the creators of a trademark. More frequently, a logo is purchased form a graphic designing studio or a repository of files (e.g. Shutterstock). However, such purchase does not mean the acquisition of material copyrights to the form of expression of the mark.
Our clients frequently ask the question when exactly the obligation to start to use a trade mark arises, or in other words, from when the absence of genuine use may render the mark vulnerable to declaring lapse due to non-use. The continuous period, after which the holder of registration is at the latest obliged to put his mark to genuine use, in order to avoid negative consequences for its exclusive right, lasts 5 years.