Presumption of validity — Defence as to the merits
- The EU trade mark courts shall treat the EU trade mark as valid unless its validity is put in
issue by the defendant with a counterclaim for revocation or for a declaration of invalidity.
- The validity of an EU trade mark may not be put in issue in an action for a declaration of
- In the actions referred to in points (a) and (c) of Article 124, a plea relating to revocation of
the EU trade mark submitted otherwise than by way of a counterclaim shall be admissible
where the defendant claims that the EU trade mark could be revoked for lack of genuine
use at the time the infringement action was brought.