The Spanish High Court has recently issued a decisión (cassation appeal) confirming that insolvency proceedings are not a valid reason to justify non-use of a trademark. It is the 22nd December ruling.
As most readers would know, article 10, 2008/95 EU Trademark Directive (and thus, all national trademark laws) obliges the proprietor to put the trademark to genuine use for at least an uninterrupted period of five years. Failure to comply would lead to cancellation unless proper reasons are provided (art. 12.1).
In the aforementioned decision the Spanish High Court answers negatively the question: Is bankruptcy a proper reason?
Link aquí.
