Wake up and do something! Acquiescence explained.

he EU trademark law system does not have, unlike the US, a legal concept of “incontestability”. Instead, it has “acquiescence”, a defence against invalidity or infringement actions which can be raised against the owner of an earlier mark who has acquiesced, for a period of five successive years, in the use of a later registered trademark (applied in good faith) while being aware of such use and indeed the registration of the later mark.

Read