Supermarket giant Tesco's city centre 'Metro' shops are well known throughout the UK and the company had registered the trade mark some years ago. However, in January 2000 a German retailer applied to register 'Metro' as a Community trade mark, for use for its own outlets in the EU. Tesco opposed the registration on the basis of its earlier UK trade mark registration, which was set to expire in March 2000.
In June 2000, the Office for Harmonisation in the Internal market, which controls Community trade marks, requested Tesco to provide proof that it had renewed its trade mark. It subsequently extended the time period allowed to March 2003. Tesco failed to provide proof of renewal, so the trade mark 'Metro' has now been given to the German retailer. This will allow it the right of exclusive use of the trade mark in the EU excluding the UK.
It does make the point that where compliance matters are concerned, failure to meet deadlines can have serious consequences.
Businesses relying on trade marks, domain names and the like that are subject to periodic renewal should ensure they have a system in place to make sure that deadlines are not missed. It is simpler and less expensive to get it right first time than to try to correct the situation later.
