An attempt to revoke Hasbro’s famous MONOPOLY trade mark registration has failed.
In order to remain enforceable, trade marks must be maintained in use during strict time periods, which in the case of the United Kingdom is five years. A Croatian company called Kreativni Dogadaji filed a revocation action at the United Kingdom Patent Office, claiming that the trade mark had not been genuinely used.
Kreativni, however, pleaded a date earlier than the effective date, and on this basis alone revocation was impossible. In its defence, Hasbro was able to provide evidence of continued use, to the satisfaction of the Hearing Officer. Kreativni lost the application entirely, and as a result Hasbro keeps its valued trade mark.
Kreativni has been ordered to pay Hasbro a contribution of £1500 towards its costs, in the absence of an appeal.
To avoid similar attacks, brand owners are well advised to ensure that they continue to market their products within the required timeframes and in all the countries where they own registered rights.