for a Trade Mark in the UK.
Section 46 of the 1994 Trade Marks Act provides that any person
may apply to the Registrar or the court for the revocation of a trade
mark registration on various grounds. This will have the effect that
the rights of a proprietor given by trade mark registration will be
deemed to have ceased to the extent that it has been revoked as
from the date of the application for revocation, or an earlier date if it
can be shown to the satisfaction of the registrar that the grounds for
revocation existed at that earlier date (s. 46(6)).
It is possible to partially revoke a trade mark registration, i.e. only
with respect to certain goods or services.
Section 47 of the Trade Marks Act provides that a declaration for
the invalidation of a trade mark can be made to either the court or
the Registrar (in the case of pending proceedings, to the court only)
by any person on various grounds.
Ex-officio invalidation is possible only if the mark has been
registered in bad faith. Invalidation will have the effect that the
registration is voided and without legal effect, i.e. it will to the extent
that it has been invalidated be deemed never to have been made;
however, this does not affect in any way transaction past and
closed relating to the trade mark (s.47(6)). It is possible to
invalidate a trade mark registration partially, i.e. only as regards the
goods or services in respect of which the grounds for invalidity
exist.
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
