Here is the translation of the legal analysis:
Subject of Dispute: Early Termination of the Trademark Certificate for “EUROCASH” due to Non-Use within Five Years.
Main Arguments of the Court:
1. The court clearly defined for the first time that the five-year period of non-use of a trademark does not start anew when its owner changes. This period is calculated from the moment of the original trademark registration.
2. The Plaintiff (Eurocash S.A.) proved that it cannot register its own trademark due to the existence of the previously registered trademark of the Defendant, which is not actually used.
3. The Defendant (LLC “Dominus-K”) did not provide convincing evidence of using the trademark “EUROCASH” for services of classes 35 and 42 of the NICE Classification during the last five years.
Court Decision: Early Termination of the Trademark Certificate for “EUROCASH” for services of classes 35 and 42 of the NICE Classification.
