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Non-Use, justified

According to Sec.26 (1) of the German Trademark Law (MarkenG) it is possible to counteract a claim based on non-use, if there are justified reasons for the non-use.

Within the pharmaceutical industry for example, the nomination of a trademark in an application for sanitary registration of a pharmaceutical product with the German Federal Institute for Pharmaceuticals and Medications (BfArM) will be recognized as justified reason for non-use.