Surrender of all or part of a class in a EU trade mark

A trade mark proprietor may surrender (or delete) some or all of the goods/services of her trade mark by writing to OHIM setting out the goods/services to be deleted.

Obviously it is important to notify licensees (if any) of the trade mark and it is also important to double check the licensee agreement to see whether a surrender is permitted.

What is the point in surrendering goods/services?

Issues of surrender tend to arise in relation to the situation where a trade mark is being challenged whether by invalidity and or revocation proceedings.

The surrender option is useful in relation to particularly wide specifications (such as ‘software’ or ‘telecommunications’) and can be used to potentially move the classification away from being considered similar to the earlier right of the person advancing the invalidity and or revocation proceedings.

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