Interruption of Proceedings before the European Union Intellectual Property Office due to Insolvency of the Applicant

摘要

The present article attempts to align the principles generally governing insolvency law and specific provisions laid down in European trade mark law. In particular, in those cases in which an applicant has been declared insolvent, they would no longer be entitled to further continue with trade mark proceedings or to renew a registered trade mark before the European Union Intellectual Property Office (EUIPO). Such a situation, if not properly managed, could lead to a loss of trade mark rights. Thus, an analysis of the interaction between the above-mentioned branches of law could certainly assist in avoiding the aforementioned loss of rights.