A trade mark which is unused for a period of five years, without a proper reason for its non-use during that time, may be revoked on application to the Patent Office. An application may be made by anyone, but cannot be made until the trade mark has been registered for at least five years. The application to revoke the trade mark carries a fee of £200. If successful, the trade mark is removed from the register from the date it ceased to be used. The Patent Office can also order that a trade mark ceases to be valid for a particular type of use, if it ceases to be used in connection with that type of use, even if it continues to be used for others. The proprietor of the trade mark will be notified of the application and has three months to defend their registration. There is a new booklet, offering guidance on how to apply to have a trade mark removed and what to do if you want to challenge someone’s application to revoke your trade mark registration.
Content by: The Made Simple Group
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