UK & EU Trademark Invalidation
No matter how diligent you are as a trademark owner when it comes to monitoring your trademark or brand, on some occasions, trademark applications can slip under the radar, leading to somebody successfully registering a trademark that you would have opposed.
This happens to every trademark owner, large and small at some stage in their business journey, which is why the invalidation process exists to help protect your brand.
Let’s talk about how our Trademark Invalidation Services can help you to enforce your trademark rights.
What is a Trademark Invalidation?
When you discover that the UK IPO or the EU IPO have registered a trademark which looks like, sounds like or is spelled like yours, trademark invalidation is the legal procedure we follow to challenge the validity of the registered trademark. Our goal being to enforce the partial or full removal of the trademark from the official register.
Whether you are challenging someone else’s trademark or defending your own trademark, this is where expert guidance like ours can be key to ensuring the best possible outcome.
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How Does a Trademark Invalidation Differ from a Trademark Opposition?
Whilst both involve disputes over trademarks, they occur at different stages in the trademark lifecycle:
- Trademark Opposition: This happens before a trademark is officially registered so early detection is key. Opposition means challenge a trademark during its application stage, the aim being to prevent the trademark from being registered at all.
- Trademark Invalidation: This takes place after a trademark has been registered. Invalidation allows for the removal of an already registered trademark on specific grounds, such as prior rights, bad faith, or a lack of distinctiveness.
Put simply, you can oppose a trademark before it is registered, and you can try to invalidate a trademark after it having been registered.
What reasons can you give for invalidating a trademark?
If you believe a trademark should never have been registered, whether because it conflicts with your earlier rights or because it was filed in bad faith, we can help you file for invalidation.
The most common grounds for invalidation are:
- Earlier Rights: If you own a prior trademark or have been using a similar mark before the one in question was registered.
- Lack of Distinctiveness: If the trademark is too generic or descriptive and doesn’t provide a unique identity in the marketplace.
- Bad Faith: If the trademark was registered with dishonest intentions, such as to prevent rightful use by others.
At The Trademark Helpline, we assist clients in preparing and filing invalidation applications, helping you gather the necessary evidence and craft a solid case for challenging the trademark.
Defending Against a Trademark Invalidation
We understand that if your trademark is being challenged for invalidation by a competing firm, the exclusivity and reputation of your brand are at stake.
As your trademark representatives, we can help you defend against an invalidation claim by reviewing the grounds for the challenge and preparing a strong response. We will guide you in gathering evidence to prove the validity of your mark and work with you to build a compelling case for retaining your trademark rights.
What is the Trademark Invalidation Process?
Whether you’re challenging or defending a trademark, the process for trademark invalidation is quite straightforward:
Filing the Application: For those challenging a trademark, we assist with preparing and submitting the necessary forms, such as Form TM26(I) for UK invalidations or the EUIPO Application for a Declaration of Invalidity for EU trademarks.
Preparing Your Defence: If defending against invalidation, we help you prepare a robust defence, ensuring that your trademark’s validity is clearly demonstrated.
Strategic Guidance: We provide strategic advice tailored to your situation, helping you make informed decisions throughout the invalidation process, which may include entering into negotiations.
Trademark Representation: Should your case go to a formal hearing, our trademark experts can represent you, providing comprehensive support whether you’re the challenger or the trademark holder.
Why Choose The Trademark Helpline?
Having been established since 2008 and having helped over 5,000 UK trademark owners, we’ve learned that the devil is often in the detail when it comes to trademark invalidations. We understand the intricacies of trademark law and have extensive experience in both filing and defending invalidations for our clients.
Our Trademark Invalidation Services include:
- Assessing your situation and advising on a strategy
- Filing Form TM26(I) for UKIPO or the Application for a Declaration of Invalidity for EUIPO
- Liaising with the relevant trademark office to keep you informed
- Ensuring we gather the necessary evidence to support your claims
- Representing you in hearings and consulting with you on negotiations
While some trademark attorneys take an aggressive stance, in our experience, it doesn’t pay to be overly aggressive in handling trademark invalidations unless absolutely necessary. In many cases, trademark disputes can be resolved through mediation, saving both parties time and money.
If you’re considering filing a trademark invalidation or defending your trademark against challenge, contact The Trademark Helpline today to see how we can assist you.
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!
