In Re (#04 April 2012)

Abuse of Prior Use

Olena O. Vardamatska

The decision to explore the practical application of the right of prior use of trademarks (hereinafter — prior use) in Ukraine was provoked by an expert conclusion of a patent attorney from the South of Ukraine. The expert in this area insisted that the initial holder of a trademark certificate is entitled to freely use the relevant trademark after the transfer of all its property rights to another person, such

use was justified by the initial holder’s prior use of this trademark...

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