Trade Mark Revocation- Use it or Lose it

You need to be aware that once you apply for a trade mark and the application is successful, you cannot just use it when you ‘feel like it’.

It is important that once you have your trade mark you need to ensure that you are using this effectively (for both UK and EU applications) to prevent revocation.

As a result, a mark cannot sit unused for a number of years even though you purchased it. You need to constantly prove your trade mark use. If you fail to do so, someone else has the power, to submit a revocation filing against your mark in proof that you have not used it.

The use of a trade mark is subjective, therefore the IPO have set out rules to state that the use of a trade mark must be classed as ‘genuine’. A consistent use over a period of time is important to the upkeep of your mark as opposed to a few uses over a 5 year period.

The use of a trade mark must also be related to geographical locations. For example, if you have a trade mark in the UK and EU yet you only utilise your mark in the UK. The EU have a right to remove your mark as a result of lack of use.

Your mark can also be revoked if you have not utilised the classes correctly. If you cover your mark in several classes but only use your mark in a couple, then you can have your mark removed in that class. If you are aware that you don’t use your mark in all classes, when you go to renew your mark you can inform your representatives and get them to renew you mark in a revised set of classes.

If you are concerned that your mark may be revoked, or you have recently received a review for revocation proceedings then please do not hesitate to contact the Trademarkroom team today.

Anna Orchard

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