Trade Marks

Trade Mark Non-Use Removal Applications

Highly skilled trade mark attorneys, providing personalised, commercially oriented services related to trade mark registrations, securement and defence.

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What Are Trade Mark Non-Use Removal Applications?

At any time following the registration of a trade mark, an application can be made to have it removed from the register.

Known as a non-use removal application, this process can be instigated by a third party.

Applications can request the removal of the entire trade mark or just part thereof such as the removal of certain goods and services.

When a non-use removal application is filed, the owner of the trademark is notified and allowed to respond. If the owner takes no action following the non-use removal application, their trade mark will be removed.

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When Are Non-Use Applications Used?

Trade mark non-use removal applications are most frequently filed by a third party such as a competitor. This may be because they wish to file a similar trade mark or remove a competing one.

There are only two accepted circumstances in which a trade mark can be removed for non-use.

The trade mark has not been used for a continuous period of three years
Where it can be proved that the original applicant had no intention to use the trade mark for the goods and services listed in the initial filing

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Can I Make a Non-Use Application Or Defend Against One Myself?

If you have been made aware that someone is seeking to de-register your trade mark or you are seeking to have one removed for non-use, it is best to speak with a trade mark attorney.

Improper preparation of evidence for a defence against a non-use removal application could quickly see you lose the right to retain your trade mark. The trade mark office cannot consider incorrectly filed evidence meaning this could result in your trade mark being removed.

Likewise, if you file a non-use removal application without adequately checking that you can do so in line with relevant legislation you’re wasting valuable time and resources. Without a careful strategy before filing the non-use application you could find yourself in a worse position financially and commercially.

Even if you can prove non-use, any errors in your application could see your filing rejected outright with no refund given on application fees.

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How A Trade Mark Attorney Can Help

Regardless of whether you are pursuing the removal of an existing trade mark or dealing with someone who is trying to remove one you own, the process can be complex and confusing with strict deadlines applying.

Engaging a trade mark attorney to manage this process ensures all proper checks and evidence are prepared prior to filing or responding to a removal request.

If a request to remove has been instigated by concerns over the motivations of the trade mark holder or by someone seeking to infringe on your rights, they are also best placed to assist.

Experienced across all aspects of trade mark law, they support you to protect your existing trade mark or successfully file a new one. This includes managing any non-use application filings or defending against one.

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IP Guardian - Expert Trade Mark Attorneys

Combining decades of experience, the team at IP Guardian have the skills and knowledge necessary to handle every aspect of trade mark law.

Our unmatched service and advice ensure that our client’s trade mark applications and the protection of their IP are successful and well-defended.

Whether you need assistance to file a non-use removal application or have unexpectedly received notice of one filed against your trade mark, we can help.

We carefully review all the details in either scenario and prepare accordingly so that you can achieve the optimal outcome. Should filing a non-use application be inadvisable, we will explain why and walk you through any available alternatives.

This dedicated, professional approach is due to our highly-held values of integrity and a desire to uphold these at all times. Paired with our accessible and affordable services, we guarantee our clients the best possible results with zero compromises on quality.

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