In February 2014 OHIM Board of Appeal issued a decision R1260/2013-2 confirming that proof of use can be requested in a trade mark opposition where the earlier right relied upon is a re-filing of the same sign for the same goods and territory that completed its registration procedure 5 years before the opposed mark was advertised. This gave effect to the sanctions provided by the Harmonisation directive to prevent unused marks being used to oppose later registrations.
Unfortunately in the UKIPO this is not the case. In an interlocutory decision issued today by Mr Bryant, a request for proof of use of a mark registered in various manifestations for 20 years but as yet unused was refused.
Coincidentally ECTA is holding a workshop on this very issue in Alicante this evening. I want to know whether OHIM is happy with the fog in the channel between UK and European Union practice.
What do you think?