Trademark Cancellations
Trademark Cancellations occur either when you decide you no longer wish to have a trademark registered or when a third party applies to have your trademark removed from the official register.
A Trademark Cancellation request can be alarming, which is where it pays to have affordable guidance like ours at your disposal.
Here’s some insight on Trademark Cancellations and how our Trademark Cancellation Service can help support you.
What is a Trademark Cancellation?
Trademark cancellation is the legal process by which a registered trademark is removed from the official register. This can happen for a variety of reasons, and it can either be initiated by a third party or by you as a trademark owner. Whether you’re looking to cancel a trademark you have discovered which you feel conflicts with yours or defending against a cancellation attempt against your trademark, expert guidance is key to ensuring the best possible outcome.
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When can a Trademark Cancellation Occur?
Trademark cancellations are generally initiated in the following circumstances:
- Non-Use: If a trademark has not been used for a continuous period of five years or more, it can be challenged and cancelled. This is one of the most common grounds for cancellation.
- Invalidity or Incorrect Registration: Sometimes, trademarks that should never have been registered can be subject to cancellation but this is more commonly opposed via the trademark invalidation process.
- Voluntary Cancellation: Trademark owners can request cancellation if they no longer wish to maintain their trademark.
At The Trademark Helpline, we help businesses both challenge and defend trademarks during cancellation proceedings, offering strategic advice and comprehensive legal support.
For example, in some cases people unknowingly cancel trademarks without realising that trademarks are often a valuable asset that can be sold.
How Does a Trademark Cancellation Differ from a Trademark Invalidation?
While both cancellation and invalidation involve removing a trademark from the register, they occur under different circumstances:
- Trademark Cancellation: This generally applies when a trademark has been validly registered but certain circumstances arise—such as non-use or voluntary cancellation—that justify its removal.
- Trademark Invalidation: Invalidation challenges the validity of a trademark from the outset, claiming it should never have been registered in the first place, due to reasons like prior rights or bad faith.
In summary, invalidation disputes the original registration of a trademark, while cancellation typically deals with post-registration issues like non-use.
Challenging a Trademark through Cancellation
If a registered trademark is no longer in use or was improperly registered, you may be able to file for cancellation. The most common reasons include:
- Non-Use: If the trademark owner has not used the mark for five consecutive years without valid reason, you can file for its cancellation.
- Improper Registration: If the trademark was registered by mistake or it no longer complies with registration rules, for example a change in the activities of the business or ownership.
At The Trademark Helpline, we help you assess the situation and prepare a solid case for challenging the trademark’s registration, ensuring all necessary documentation is submitted to the relevant intellectual property office in timely manner.
Defending Against a Trademark Cancellation
If your trademark is being challenged for cancellation, taking decisive action quickly is essential. The most common reason for cancellation is non-use, so the burden of proof is on you to provide sufficient evidence to justify that the trademark has been in use within the past five years, or provide a valid explanation for its perceived lack of use.
Our team at The Trademark Helpline can help you defend against a cancellation request by helping you gather the required evidence of use, preparing a detailed response, and giving you the best chance to ensure that your trademark remains protected. We will guide you through the process and supports you in retaining your trademark rights.
What is the Trademark Cancellation Process?
Whether you are challenging or defending a trademark, the cancellation process generally follows these steps:
- Filing the Application: For those seeking to cancel a trademark, we help prepare and file the relevant forms, such as Form TM26(N) for non-use cancellation with the UKIPO, or the Application for Cancellation with the EUIPO.
- Preparing Your Defence: If defending against cancellation, we assist in gathering evidence of use or valid reasons for non-use, ensuring that your trademark rights remain intact.
- Strategic Guidance: Throughout the process, we offer strategic advice based on the specific circumstances of your case, helping you make informed decisions and, if necessary, enter into negotiations to resolve the matter.
- Legal Representation: Should the case escalate to a hearing, our team provides expert representation, with access to a panel of authorised attorneys if it becomes necessary to represent you in court, ensuring that your interests are fully protected.
Why Choose The Trademark Helpline?
Having assisted over 5,000 UK trademark owners since 2008, The Trademark Helpline has extensive experience in both filing and defending trademark cancellations. We understand the importance of your brand and how crucial it is to protect your trademark rights.
Our Trademark Cancellation Services include:
- Assessing your case and advising on strategy.
- Filing the relevant forms for UKIPO or EUIPO.
- Liaising with the trademark office and keeping you informed throughout the process.
- Gathering evidence to support your case and preparing a robust defence.
- Representing you in hearings and negotiations.
While we are always prepared to defend your rights, our approach emphasises pragmatism. In many cases, disputes can be resolved through negotiation, saving you time and money.
If you’re considering filing a trademark cancellation or defending your trademark against a cancellation request, contact The Trademark Helpline today for expert advice and support.
What our customers think
I cannot recommend The Trademark Helpline highly enough. From the very beginning, the process of registering my trademark with them was smooth and stress-free. Their expertise and communication were excellent – they kept me informed every step of the way and were always happy to answer any questions I had. A special thanks to Alex for his fantastic work in securing my trademark. His professionalism and attention to detail were truly impressive. Thanks to The Trademark Helpline, I now have the peace of mind that my brand is protected. I wouldn’t hesitate to recommend them to anyone needing assistance with trademarks. Best wishes, Isabel
“Thank you so much to everyone at The Trademark Helpline, you have all been terrific! I have received a very thorough and professional service and Richard even assisted me with the design and branding of my company, he really went the extra mile. So thank you all very, very much!”
“The service levels of The Trademark Helpline have massively exceeded my expectations. I have been very impressed and I would have no hesitation in recommending The Trademark Helpline.”
“The Trademark Helpline provided us with a thorough and professional service when we registered our trademark. Shortly afterwards they notified us of a potential infringement on our mark via the monitoring service. The speed and professionalism with which Ric successfully resolved the issue on our behalf was impressive and this work was dealt with promptly at a very affordable cost!
