Meera Exports' registered trade mark for basmati rice in Country Z, a WTO Member, has not been used for…
Article 19.1 allows cancellation only after an uninterrupted period of at least three years of non-use, "unless valid reasons based on the existence of obstacles to such use…
Choose your answer
Meera Exports' registered trade mark for basmati rice in Country Z, a WTO Member, has not been used for four years because Country Z imposed an import ban on rice. A competitor seeks cancellation for non-use. Under Article 19.1 of the TRIPS Agreement:
Answer and explanation
Correct answer B
Article 19.1 allows cancellation only after an uninterrupted period of at least three years of non-use, "unless valid reasons based on the existence of obstacles to such use are shown". It expressly recognises "import restrictions on or other government requirements for goods" as valid reasons, so Meera Exports' registration should stand. Three years of non-use is therefore not enough by itself, and use in another Member is irrelevant.
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