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In cases where the trademark for which cancellation is sought is made up of packaging or a packaging box, it will be for the owner to prove use of the trademark as registered, i.e. in all aspects, provided that they contain elements that are relevant and whose absence would constitute a substantial modification with respect to the make-up of the trademark.
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The owner enjoys a grace period of six months from that date to apply for renewal, i.e. until 4 February 2021.
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Translated from the Spanish by Gwyneth Little. This Resolution is a mandatory precedent.
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Decision 486/2000 of the Andean Community, Arts. 165, 166. “Sunny Girl”. IIC 52, 1118–1122 (2021). https://doi.org/10.1007/s40319-021-01098-y
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DOI: https://doi.org/10.1007/s40319-021-01098-y