If, within a period of five years following registration, the proprietor has not put the
EU trade mark to genuine use in the Union in connection with the goods or services in
respect of which it is registered, or if such use has been suspended during an uninterrupted
period of five years, the EU trade mark shall be subject to the sanctions provided for in this
Regulation, unless there are proper reasons for non-use.
The following shall also constitute use within the meaning of the first subparagraph:
(a) use of the EU trade mark in a form differing in elements which do not alter the
distinctive character of the mark in the form in which it was registered, regardless of
whether or not the trade mark in the form as used is also registered in the name of the
(b) affixing of the EU trade mark to goods or to the packaging thereof in the Union
solely for export purposes.
Use of the EU trade mark with the consent of the proprietor shall be deemed to constitute
use by the proprietor.