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Chapter X · JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO EU TRADE MARKS  ›  Section 2 · Disputes concerning the infringement and validity of EU trade marks › Article 127

Presumption of validity — Defence as to the merits

1.   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.

2.   The validity of an EU trade mark may not be put in issue in an action for a declaration of non-infringement.

3.   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.

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