“Can A Trademark Be Revoked Or Cancelled?” | What Business Owners Need To Know

A trademark is a form of intellectual property that is used to protect and differentiate the business from its competitors. It could be a symbol, word, or phrase that represents a company’s services or goods. However, a trademark can be revoked or cancelled if it is proven to violate the rights of another party and for other reasons that will be discussed later.

In this blog post, we will dig deeper into the topic of trademark revocation and discuss the circumstances that lead to trademark revocation. Whether you’re an entrepreneur or interested in intellectual property law, this post will provide valuable information on the topic of “can a trademark be revoked or cancelled.”

What Does Trademark Revocation Mean?

Trademark revocation or cancellation took place when the trademark lost its ability to function after being registered, Cancellation action can also be initiated by an individual or company that believes the trademark in question is violating their rights.

Trademark cancellation may be without the knowledge of their owner “unintentional cancellation”. It can take place when the owners are unaware that, to keep their registrations in full force and effect, they must be regularly maintained and renewed or a third party have filed a petition against their trademark.

Intentional Cancellation takes place when the trademark owner chooses to allow cancellation of the trademark as he doesn’t have enough money to defend against cancellation or doesn’t gain enough money from the use of the registered trademark to pay for renewal fees and maintenance.

It’s important to know that trademark revocation or cancellation doesn’t necessarily mean that the owner can’t enjoy common law trademark rights, which depend on the specific circumstances behind trademark revocation.

Trademark revocation may be partially or for the entire trademark and it occurs due to several reasons, so what are the reasons behind trademark revocation or cancellation?

after knowing trademark canceling .. read more on baianat ip.

Protecting Your Intellectual Property In China

Legal Translation Services

Can A Trademark Be Revoked Or Cancelled And What Are The Grounds For Trademark Revocation?

The question “Can a trademark be revoked or cancelled” is important for business owners to consider, due to its significant impact on the brand reputation and revenue.

It’s essential for any business to understand that trademark registration is not permanent and can be revoked for certain reasons and to be aware of them, Here is a list of trademark revocation reasons.

Non-use of the trademark for a long period (Abandoned trademark)

A registered trademark can be revoked if its owner doesn’t put it to genuine use in connection with the goods or services within a maximum of five successive years starting from the registration date. Trademark revocation can be partial if the owner used it for some of the goods or services.

Company petition for revocation

Infringement is one of the main reasons for trademark revocation or cancellation. A person or company can petition for revocation if they believe that they are legally damaged by your trademark registration.

If the trademark may cause confusion or deception the public

If the registered trademark lacks distinctiveness or becomes a commonly used name for certain goods or services. Loss of distinctiveness usually occurs when the mark is used to describe a good or service that is completely new and there is no established word in standard language.

Misleading indication

Misleading or false claims about a trademark can subject it to revocation and it can occur by the trademark owner or his agreement.

If a cancellation action is free of any errors, so the registration of the trademark in question will be removed and will no longer be valid. This can have a significant impact on the business that owns the trademark and affect its revenue.

What Is The Difference Between Trademark Revocation And Invalidation?

Trademark invalidation is the process of declaring that the trademark is not valid due to certain obstacles at the time of registration. These obstacles might be a lack of distinctiveness or the existence of earlier registered trademarks that pose a risk of confusion.

Trademark invalidation means, the trademark can no longer be used or enforced, and the holder loses the exclusive rights to use the mark and can’t protect his mark against competitors. To protect your mark from being invalid you need to conduct research before registering your mark.

Consequences Of A Trademark Revocation Or Cancellation

One of the potential impacts of trademark revocation is that it will indeed affect the business reputation as it will confuse the brand customers and will make it hard to trust the brand again.

One other major consequence is that trademark revocation will affect the business revenue as the business may have paid lots of money investing in this trademark in developing, promoting and protecting it.

All of those reasons made trademark revocation or cancellation a big issue for any entity as it will be no longer able to commercially use this trademark or enforce its rights in it against competitors, which creates a severe need for business owners to take steps to protect their trademark with the hand of intellectual property lawyers.

after knowing trademark canceling .. read more on baianat ip.

Understanding Music Intellectual Property Rights

What Are The Problems Of Patent Laws In International Business

Intellectual Property Law In Cyber Security

How To Prevent The Revocation Or Cancellation Of A Trademark?

It’s important to conduct a prior search before registering the new trademark to make sure that it’s not infringed or similar to an existing one.
Be quick while responding to any challenges to the trademark’s validity that are filed against your trademark.
Once you register your trademark it’s important to use it commercially to avoid cancelling it for non-use.
keep accurate records of the trademark’s use that indicates when and how you have been using it commercially, in addition to any advertising material that has been used promoting this trademark.
Monitor other businesses and competitors for potential violations of your trademark.
Hire a professional intellectual property agency to make sure that your registration is free of any error and that your trademark is wholly protected and most important not violating any other existing trademark.

Do You Need Help With Your Trademark Defending Against Revocation?

When it comes to protecting your intangible assets like trademarks, it’s important to seek advice from a professional attorney. A trademark lawyer can help you navigate the legal process and highlights the possibility of a trademark registration being revoked, and the best practices to protect it.

Baianat IP, with more than 50 years of experience and more than 27 offices in GCC and north Africa can provide you with a one-stop-shop for all the trademark services your business needs, through a specialized trademark department.

We can help you with conducting trademark searches, registering your trademark and obtaining all required documents, defending against infringement or cancellation claims, and protecting your trademark against infringement.

BUSINESS INFO:

Address: 6663 Ar Rayan – Al Nafel Dist. Unit No 44 Riyadh 13312 – 3556 Kingdom of Saudi Arabia.
P.O Box: 85424, Riyadh 11691
Phone nu: +966 11 41 27 755

+966 11 41 27 733

+966 55 61 65 852

+201 01 99 55 220