PRIOR USE. Is the right of prior use on the trade mark bounded by the particular product or it embraces all products of the same sort?

НМ 20,08,2014

In case when one suddenly faces the need to identify measures of the prior use right one should strictly stick to the scope of rights indicated in the Certificate of the trade mark owner. The idea of the prior use right presupposes that certified owner must not have the right to restrict the use of the mark to those who have started use of the particular trade mark for some particular goods and /or services in good faith before the certificate was granted to the current owner; or to those who have performed profound preparation to produce such goods or to offer such services.

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