trademarks:opposition/revocation/invalidity

 

These are all formal proceedings brought before the office that granted the registration to the propriator. Proceedings of this nature last around 12-14 months before a final decision is given, but much depends on the directions given and the length of any extensions sought by either side leading up to the final hearing.

 

> Opposition

 

An opposition is a proceeding in which one party seeks to prevent the registration of another party's trademark. There are many legal grounds under which a party can file an opposition.

 

> Revocation

 

An application for revocation can be made where one party believes it has ground to try and remove a registered trade mark from the official register, such as the USPTO, IPO or OHIM. For example, if a party suspects that a registered trademark has not been used in the territory of its registration for the goods and services registered for a continuous period of five years since the trade mark was registered; or for any uninterrupted period of five years after registration; and there are no proper reasons why the trademark has not been used - that party may succeed with its application for revocation.

 

> Invalidity

 

An application for revocation can me made where one party believes it has ground to try and remove a registered trade mark from the official register, such as the USPTO, UKIPO or OHIM. For example, if a party believed that the trademark should be free for the applicant or anyone in that line of trade to use; or the applicant owns a trademark (unregistered, such as goodwill) which is same or similar to, the proprietor's registered trademark, and for that reason the registered trademark should be removed from the official register.

 

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