Revocation of trademark
Revocation of trademarks is a good example of revocation which means actually the reversal of an act, such as the recalling of a license to use a patent due to a breach of contract by the licensee. Revocation is also the legal procedure that allows anyone to try and remove a registered trademark from the Intellectual Property Office's (IPO) register.
For example, a trademark can be revoked for non-use, because it has become generic or because it is misleading the public. Anyone can apply to begin revocation proceedings against a trademark by sending the appropriate form to the IPO along with the correct fee.
Generally, revocation of trademark is usually harder once they have been on the register for 5 years, although if the cancellation proceedings are for non-use then this can come at any time. It can be expensive to apply for the cancellation or revocation of a mark and much depends on the complexity of the issues and the time it takes to draft the required paperwork. Patents may also be revoked due to the fact that when a patent application is filed, it is difficult to know whether the innovation is new or not.
Revocation proceedings are similar to court claims in that the costs are covered by the losing party and therefore sound legal advice should be taken beforehand. If you are planning on revoking a license or are having your license revoked it is very important to check the license agreement to ensure that all the parties involved are acting within their rights.
- Last Updated on 22/11/2012