TRADE MARK REVOCATION & CANCELLATION
An earlier registration may affect your plans, or your own mark may face a challenge. Nitin Agarwal can assess the relevant grounds, evidence and commercial options for UKIPO revocation proceedings.
Send the registration number, goods and services, known use history, relevant correspondence and any response date.
WHY TAKE ADVICE?
Revocation and invalidity address different issues. Choose the route that fits the registration and facts.
Non-use requires assessment of the relevant period, goods and evidence. An old registration is not enough.
A challenge may affect some or all of the registered goods and services. Assess the outcome before proceeding.
WHEN WE CAN HELP
These are illustrative situations, not accounts of completed client matters.
You have found an earlier right and question whether it is used for the goods or services involved.
We can assess a possible challenge against the available evidence. A registration is not revoked just because no online use was found.
You have received a revocation application and need to understand the evidence and response required.
We can assess the stated grounds and organise the relevant evidence. Send the papers promptly and flag the response date in the notice.
Your concern relates to why a mark was registered rather than later events or an alleged lack of use.
Invalidity is a different route requiring its own legal grounds. Our related service explains the issues to consider before action.
THE SERVICE
A revocation assessment should focus on the registration, grounds and evidence, rather than assuming every unused-looking mark is vulnerable.
Identify the mark, owner, goods and services and relevant registration history.
Review the facts and relevant periods for the contemplated challenge or defence.
Consider available use evidence and identify material gaps or further investigation.
Draft the agreed application or defence for approval, with scope and costs confirmed first.
Discuss evidence, negotiation and further procedure, including any separately scoped specialist work.
A CLEAR PROCESS
Send the mark details, correspondence and relevant dates.
We assess the material supporting the proposed challenge or defence.
Confirm the objectives, scope, risks and costs.
Approve the agreed application, response or other procedural step.
YOUR ATTORNEY
Nitin Agarwal is a Chartered Trade Mark Attorney and founder of Corpinal IP Limited. You deal directly with him on the agreed advice and work. The engagement confirms the scope and any specialist support required.
BEFORE YOU INSTRUCT US
Have a question about your situation? Tell us what you need help with and include any relevant dates.
No. Revocation is only available where one or more legal grounds apply, such as non-use or other circumstances recognised under UK trade mark law.
It is a procedure for removing a registration, wholly or partly, where the relevant genuine-use requirements have not been met and there are no proper reasons for non-use. The relevant period and evidence need to be checked.
Non-use grounds can concern the five years after completion of registration or a later uninterrupted five-year period. The exact dates, any use and proper reasons for non-use matter to the assessment.
Yes. Depending on the evidence, revocation may apply to all or only some of the goods and services covered by the registration.
An initial conversation identifies your needs and whether we can help. Document review, legal assessment, drafting and substantive advice are paid work, with scope and fees agreed before we start. Sending an enquiry does not confirm that we can act or that a deadline is being monitored.
RELATED GUIDANCE
An incorrect register entry and an invalid registration raise different issues. The proposed route should match the problem.
Assess potential conflicts before investing further in a name or logo.
Explore the related service and its scope.
BRAND PROTECTION CHECK
Explore your wider brand protection needs with questions tailored to your business and plans.
No contact details needed to see your results.
YOUR NEXT STEP
Send the registration number, goods and services, known use history, relevant correspondence and any response date.
We agree the scope and fees before substantive work begins. If a deadline is close, telephone us as well. An enquiry does not confirm that we are acting or monitoring a deadline.
