Trademark nullity
What is a trademark nullity action?
A trademark nullity action is a legal procedure through which a registered trademark is requested to be declared invalid and, therefore, cancelled. This means that the trademark owner would lose all exclusive rights to the trademark.
Why should you apply for a trademark to be declared null and void?
There are several reasons why you might consider bringing an invalidity action, among them:
- Confusion with your trademark: if another trademark is too similar to yours, it may generate confusion in the marketplace and damage your reputation.
- Improper use: if the trademark owner is not using the trademark for the goods or services for which it was registered, you can request its cancellation.
- Lack of distinctiveness: if the trademark lacks originality or is too descriptive, it may be considered invalid.
- Infringement of third party rights: if the trademark infringes a prior trademark, copyright or industrial property right, it may be cancelled.
Procedure and phases of a nullity action
The trademark invalidation process usually follows the following phases:
- Case analysis: our expert trademark nullity lawyers will assess your situation in detail, identify the legal grounds for the nullity application and advise you on the chances of success.
- Preparation of the application: a formal application for nullity is filed before the SPTO or the EUIPO, stating the reasons for which the nullity of the trademark is requested and providing the necessary demonstrations.
- Adversarial phase: a period is opened for the holder of the challenged trademark to present allegations and demonstrations in its defense.
- Evidence: both parties may submit evidence in the form of documents, testimonial or expert evidence to support their arguments.
- Resolution: after the evaluation of all the demonstrations and allegations, the competent authority (SPTO or EUIPO) will issue a resolution, declaring the nullity of the trademark if applicable.
Why should you choose LetsLaw?
- Experience: we have a team of lawyers specialized in industrial property with extensive experience in the management of trademark invalidity proceedings.
- Knowledge of the sector: we are up to date with the current regulations and the most recent case law on trademark matters.
- Personalization: we adapt our strategy to the specific needs of each case, always seeking the most effective solution for our clients.
- Results: our goal is to obtain a favorable resolution in the shortest possible time and at the lowest cost.
In an increasingly competitive market, protecting your trademark is essential to ensure the success of your business. If you suspect that a trademark infringes your rights or does not comply with legal requirements, our trademark nullity proceedings lawyers at LetsLaw can help you recover your rights.
Don’t let invalid trademarks affect your business. Contact LetsLaw and we will help you protect your rights.