Trademark

Trademark Revocation

When it comes to revocation of a trademark, the first thing you may think of is “I have already obtained registered trademark rights, why do I need to revoke the trademark registration?” In fact, in practice, revocation of a trademark is not to revoke one’s own trademark registration, but to revoke others’ trademarks registered. When will you need to revoke others’ trademarks? Here are the things that may happen:

  1. Your trademark is similar to others’ trademarks
  2. The registered trademark becomes an obstacle to your trademark application
  3. Business competitor deliberately registered your trademark

When you encounter the above-mentioned situations, the Trademark Office provides legal proceedings to protect your trademark rights. If you discover that other people applied for trademark registration where the trademark is similar with your registered trademark, you may file an opposition against the trademark application. If there is already a similar trademark registration, your trademark application may be refused. You may use search system to check whether the similar trademark is used or not, before you apply for a trademark registration. Then, you may take invalidation action to revoke the registered trademark. Or after some time has passed after the original partnership was dismantled, it was discovered that the other party had registered the trademark you designed and obtained the trademark rights, then you can use the “dispute” procedure.

However, how to find out that your trademark is similar to others, similar registered trademark or your competitors registered your trademark? You can search through the trademark systems in various countries, but often you may not have time to do this job. At this time, trademark monitoring and trademark agents with professional knowledge are your best partners. You can use professional agents to revoke trademarks, inquiry with intellectual property rights, and ask agents to monitor and evaluate trademark risk.

 

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