Trademark revocation
Trademark revocation is the loss of the exclusive right to a trademark, allowing others to use it without authorization. This can happen for a variety of reasons and have significant consequences for your business.
Why does trademark revocation take place?
The most common causes of revocation are:
- Lack of effective use: if a trademark is not used for a period of five years, it may lose its protection.
- Substantial changes to the trademark: significant changes to the name or logo can lead to revocation.
- False indications: if the trademark misleads the public as to the nature or quality of the product, it may be declared invalid.
- Failure to renew: failure to meet the deadlines for renewing the registration also leads to revocation.
How to initiate a trademark revocation process?
To initiate a revocation process it is necessary to file an application before the Spanish Patent and Trademark Office (SPTO) or before the European Intellectual Property Office (EUIPO). In this application, the reasons for which the trademark is considered to have lapsed must be alleged, providing the corresponding evidence.
Who can request an action for trademark revocation?
Any person or entity with a legitimate interest may apply for revocation through a trademark revocation action. This includes competitors, consumers or any other interested party.
Phases of the revocation procedure
- Filing of the application: the procedure is initiated by filing an application through a trademark revocation attorney with the SPTO or EUIPO, together with the necessary documentation.
- Notification to the trademark owner: the SPTO notifies the trademark owner of the application for revocation, granting him a term to file allegations.
- Allegations phase: the trademark owner may file allegations in defense of its rights, providing the evidence it deems relevant.
- Examiner’s report: an examiner of the SPTO analyzes the application and the allegations presented, preparing a report in which he proposes a resolution.
- Resolution of the SPTO: the SPTO issues a resolution declaring whether or not the revocation of the trademark is appropriate.
- Appeals: the relevant administrative and judicial appeals may be filed against the SPTO’s decision.
Why hire a lawyer specialized in trademark revocation?
A lawyer specialized in intellectual property will help you to:
- Assess the viability of the action: he/she will analyze your case and inform you about the chances of success.
- Prepare and file the application: he/she will draft and submit all the necessary documentation to the SPTO.
- Represent you in the procedure: will represent you at all stages of the procedure, defending your interests.
Do not lose your rights! If you suspect that a trademark has expired or is in a situation that may be detrimental to your trademark interests, contact Letslaw, where our trademark revocation lawyers will advise and assist you in the trademark revocation procedure.