Cost Burden if Proof of Use is Filed After Cancellation Action


Jan Zecher article

GRUR, March 2010

Jan Zecher, Principal, Munich, Germany

Who bears the costs of a cancellation action if a trademark owner does not provide proof of use before the oral hearing despite previous requests? The statutory provisions are clear, but unsatisfactory: the “cheated” cancellation plaintiff, even though he could trust in the success of his cancellation action because of the trademark owner's behavior. This article deals with the question of whether the plaintiff can escape the cost burden or avoid it in the first place.