How to invalidate a trademark [Best Article]

Last updated : Aug 4, 2022

Current : 9077

What is invalidation of trademark?

Invalidation is the legal procedure which allows anyone to try and remove a trade mark from our register as if it had never been registered.

How do you get rid of a trademark?

Trademark Cancellation Grounds The first step in canceling a trademark is to file a petition for cancellation. In your petition for cancellation, you will need to show you have standing to cancel the trademark. You will also need to pay the registration fee. It can be done either on paper or electronically.

What is trademark revocation?

Trademark revocation, in simple words, means the removal in part or whole, of an already registered trademark. By removal of a trademark, it means the removal or the cancellation of a registered trademark from the official trademark journal.

When can trademark be revoked?

In summary, after the trademark has been used in commerce, U.S. trademark registrations can be canceled based on abandonment of the trademark due to nonuse with intent not to resume use and nonuse for three consecutive years.

What are the rules for avoiding pitfalls in selecting trademarks?

Select a distinctive mark.
Conduct a search to see if any others are using your mark or something confusingly similar.
Register your mark with the USPTO.
Properly mark your trademark.
Use your trademark as a proper adjective.
Format your trademark the same way every time.

Can a trademark be challenged?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

How do you oppose a registered trademark?

Any person can file for trademark opposition to the Registrar within four months from the date of advertisement of the registration application in the trademark journal by giving a notice in Form TM-O and payment of fees.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How do I file an opposition Euipo?

How do I file an opposition? Oppositions against EU trade mark applications have to be filed in writing within a period of 3 months following the publication of the EU trade mark application in the EU Trade Marks Bulletin. For your convenience, oppositions can also be filed using the online form.

What are the uses of trademarks?

There are two main purposes that a trademark serves. One is distinguishing and identifying services or goods that a seller or manufacturer sells or is sold by other companies or sellers. The second is to give the public the information about where the logo, name, or brand came from.

How do I revoke a trademark UK?

If you want to make an application for revocation, then you must file a TM26(N), Application to revoke a registration or a protected international trade mark (UK) for reasons of non-use accompanied by a Â£200 fee. It must state the dates between which it is alleged the trade mark has not been used.

Can a trademark be overturned?

Since trademarks are issued to preserve distinctiveness, anything diluting the meaning of a mark can be grounds for cancellation. Not only do such instances result in lost rights, but they may also require businesses to either undergo expensive rebranding campaigns or forgo a particular product or service entirely.

Should I own my trademark or my LLC?

If the trademark is for a smaller personal brand that a sole proprietor or DBA will sell, then the individual will own the trademark, and the trademark application should be filed under the individual's name. Ultimately, if you have an LLC for your business, the trademark should be filed by the LLC.

How many people can own a trademark?

A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark.

Which is better trademark or LLC?

Trademarks are granted at the FEDERAL level by the USPTO and give the owner exclusive rights to their mark throughout the USA. LLC is how you form a business and trademarks are how you protect the business, brand, reputation, and recognition. Both are necessary and serve a role in your business.

Who can oppose a trademark?

According to Section 21 of the Trademark Act, 'any person' can oppose a trademark, irrespective of their commercial or personal interest in the matter. A trademark can be countered by filed by a customer, member of the public or competitor, or any other person.

Can you invalidate a registered trademark?

Trademark Invalidation If the registration is less than five years old, the party challenging the trademark rights can rely on any ground that could have prevented registration initially. The likelihood of confusion and descriptiveness is the most common grounds asserted to invalidate trademark rights.

Can you object to a registered trademark?

Opposing a published trade mark. Opposition is the legal procedure that allows you to try to stop a published mark going on to become registered. You can oppose the entire application, or only some of the goods or services it covers.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

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Comment by Lacy Chowenhill

Cibola runs a fitness and cycling studio she has developed a unique way that allows her members to lose weight combining yoga exercises with cycling intervals her business has grown exponentially and in an effort to protect this growth camelid decides to register her trademark business name Jen ride and its logo she also thinks about licensing her program she has a lot of clients and good social media presence her members have even started calling themselves Jen riders to indicate that they belong to camelus fitness movement Camila really wants to protect her trademark but she's a little concerned that her trademark is being improperly used so she comes to trademark angel for a consultation help I need to know how to use my trademark Jen right we can help now that your trademark is registered we advise you to put the registered trademark symbol next to your trademark and logo to indicate that you use them as brands and remember you can put the trademark symbol even if your trademark is not registered okay but I'm still confused about how to refer to my trademark her trademark should be used distinctively always capitalize the first letter or you can capitalize the whole word so it should be Jen right or Jen ride in all caps to make the name stand out you can also bold italicize or underline it what about referring to my mock on our promotional and advertising materials good questions you should put an ownership statement on the bottom of your fliers class schedules promotional materials and even on your website like this Jen ride is a registered trademark owned by Jen ride fitness Inc got it I also plan to license my program how should my licensees refer to my brand easy your licensees should use a proper disclaimer Jen ride and Jen ride logos are trademarks of Jen ride fitness Inc used under license okay my program is getting really popular on Facebook our members even refer to this form of exercise as Jen writing like I'm going to Jen right today isn't that cool it's not cool at all you should never use Jen ride as a verb to describe your program this may invalidate your trademark teacher members to say I love the Jen Ride program rather than I love - Jen right they should use a noun after your trademark Jen ride program Jen ride class I get it what about changing the name slightly some people call it Jen Drive or yen ride don't change the spelling the trademark or the actual logo this may invalidate your marks to stay valid they should be used exactly as registered Wow so many rules you're right but the strength of many famous trademarks has been lost because their owners didn't take proper care to educate the public about proper trademark use some famous names that were once trademarks are now merely common or generic terms as consumers slowly thought of these trademarks not as products from a single source but rather as identifications of a product type or product category really like which ones here are just a few aspirin cellophane escalator flip phone video tape linoleum and thermos were all registered trademarks that have since lost their trademark status I'll make sure to implement your guidelines I wish I could remember them to make it easier here's a helpful hand that we made banks this was exactly what I needed would you like to join our generate class today with pleasure

Thanks for your comment Lacy Chowenhill, have a nice day.
- Gregory Alesci, Staff Member

Comment by skittishH

so David just briefly describe the difference between invalidating a trademark versus seeking the cancellation of a trademark right sure so invalidating a trademark is the process you use before the trademark is registered to someone apply for the trademark and you want to invalidate it because you don't believe that it should be registered cancellation is after it's been registered and you don't believe that it ever should have been so you're protesting with the USPTO you're giving them the reasons why you think it no longer should be registered now so one is before the trademark has been approved and one is after if you'd like to learn more please give us a call free consultations all the time we deal with trademark issues every day of the week usually six days a week often seven thank you

Thanks skittishH your participation is very much appreciated
- Gregory Alesci

About the author

Gregory Alesci

I've studied diachronic linguistics (or historical linguistics) at Huntingdon College in Montgomery and I am an expert in theory of computation. I usually feel ecstatic. My previous job was database administrator I held this position for 22 years, I love talking about baton twirling and archery. Huge fan of One Direction I practice water polo and collect stock and bond certificates.

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