(CTM) registration.
Claims for infringement of earlier rights within the meaning of
Article 8(2) and 8(4) may no longer be invoked if the proprietor of
the earlier right has allowed, for a period of 5 successive years, in
the use if a later CTM in a member state in which the earlier mark
is protected, while being aware of such use.
He shall no longer be entitled to apply for a declaration that the later
mark is invalid or to oppose the use of the later mark in respect of
goods or services for which the later mark has been used, unless
registration of the later mark was applied for in bad faith.
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Always check with your IP consultant.
