In a recent administrative decision issued by the INPI, the cancellation for non-use of the mixed trademark “CIPOLLETTI”, registered in the name of The Coca-Cola Company to identify non-alcoholic drinks, was analyzed. The request was filed by Jaime Gimeno, who had subsequently applied for the denominative trademark “CIPOLLETTI” for similar products, such as juices and fruit-based drinks.
The applicant argued that the registered trademark was not being used in the Argentine market. Under the local trademark system, the fact of not using a trademark for five consecutive years enables an expiration action (Article 26 of the Trademark Law). When the proceeding began, the owner of the registration was duly notified but did not appear or submit evidence proving the effective use of the trademark.
In this context, the INPI’s analysis focused on a classic point of trademark law: the burden of proving use lies with the trademark owner. If the trademark does not fulfill its essential function (identifying products in the market) the system provides for its cancellation in order to prevent idle registrations that block new applications.
The case once again highlights a basic principle of intellectual property: registering a trademark is not enough if it is not used in the market. Otherwise, the registration may become an unjustified obstacle.
If you need advice on trademark registration, use, and protection, you can contact our team at info@lermanszlak.com
