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Can You Lose Your Trade Mark?

What happens once I have my trademark?

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Trade mark registrations can technically be made to last forever, so long as you keep up to date with it. Just registering leaves you at risk of losing it in two ways:

 

 

 

 

 

Revoked!

This happens when you leave your trade mark unused, so with no evidence of trade being undertaken with that trade mark. If someone else wants to use it, they can revoke it. This means they file with the registry for revocation, which is the removal of that mark from the register. If you want to use a mark, it's strongly advisable to file the new application before beginning the revocation; otherwise someone else can jump in and register it from your fingertips.

Invalidation

This process involves proving a trade mark should not have been accepted on to the register in the first place. This can either be on what's known as absolute grounds, such as if it is too descriptive. Or if it’s too similar to a pre-existing registered mark or on a trade mark where the owners claim unregistered rights through use.

How do you avoid this?

Be sure to continuously use your trade mark for some aspect of your business, even if it’s only on your company website

Pay the renewal fees on time! Leave it too late and you are putting yourself in the lions cage.

Get our opinion before filing and we can tell you whether it might be considered descriptive or generic.

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