Proof of use in relation to an application for revocation or for a declaration of invalidity
Article 19
1. In the case of an application for revocation based on Article 58(1)(a) of Regulation (EU) 2017/1001, the Office shall invite the proprietor of the EU trade mark to provide proof of genuine use of that mark or of proper reasons for non-use, within such period as it shall specify. Where the proprietor does not provide any evidence of genuine use or of reasons for non-use before the time limit expires or the evidence or reasons provided are manifestly irrelevant or manifestly insufficient, the EU trade mark shall be revoked. Article 10(3), (4), (6) and (7) of this Regulation shall apply mutatis mutandis . 2. A request for proof of use pursuant to Article 64(2) or (3) of Regulation (EU) 2017/1001 shall be admissible if the proprietor of the EU trade mark submits it as an unconditional request in a separate document within the period specified by the Office pursuant to Article 17(1) of this Regulation. Where the proprietor of the EU trade mark has made a request for proof of use of an earlier mark or of proper reasons for non-use which complies with the requirements of Article 64(2) or (3) of Regulation (EU) 2017/1001, the Office shall invite the applicant for a declaration of invalidity to provide the proof required within a time limit specified by the Office. Where the applicant for a declaration of invalidity does not provide any evidence of genuine use or of reasons for non-use before the time limit expires or the evidence or reasons provided are manifestly irrelevant or manifestly insufficient, the Office shall reject the application for a declaration of invalidity in so far as it is based on that earlier mark. Article 10(3) to (7) of this Regulation shall apply mutatis mutandis .