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Grounds For Trademark Cancellations To Be Considered
The three main reasons for trademark cancellations are that of:
- Trademark renewal fees not paid and the subsequent lapsing of the trademark.
- Non-usage of the trademark for the period stipulated in the specific country where it is registered.
- Opposition by a third party regarding the first usage, similarity of a trademark.
Other reasons for trademark cancellations are that of:
- Failure to properly file and maintain the trademark at the particular Trademark Office.
- A trademark becoming generic.
- Fraud with registration.
- Failure to use trademark for the right class of products or services.
Although a trademark has the potential of being valid forever, it is subject to the renewal thereof and payment of renewal fees. Failure to do so can lead to automatic trademark cancellations. One will then have to apply for the restoration of the trademarks, subject to meeting conditions as stipulated by the Trademarks Office.
A trademark must be used in commerce to keep its validity. Failure to do so can lead to another party requesting trademark cancellations. Such a party must provide details regarding the grounds for requesting trademark cancellations and must give clear indication that the trademark is not in use any more.
When a mark becomes generic, it loses its strength and thus also protection. A third party may file for trademark cancellations based on the fact that the mark in question is generic.
One must guard against any actions that may lead to a trademark becoming so well associated with general usage that it becomes generic.
A party can also request trademark cancellations based on evidence of fraud during the trademark registration process. Another reason for trademark cancellations is that of using the trademark for the wrong class of goods.
Smit & Van Wyk Intellectual Property Attorneys can assist in defending against trademark cancellations and can also help clients to file for trademark cancellations. Contact us for assistance today.
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