INVALIDITY AND REVOCATION BEFORE EUIPO
Proceedings before the European Union Office EUIPO, concerning the declaration of revocation or invalidity of a European Union trademark, can be grouped under the denomination of "cancellation proceedings".
With reference to the grounds, they are divided into absolute and relative.
- a European Union trademark can be declared invalid if, at the time of its application, it could have been possible to raise an objection against it pursuant to one of the grounds listed in art. 7 EUTMR (absolute grounds for refusal);
- may also not be considered invalid for bad faith pursuant to art. 59(1)(b) EUTMR
- presence of an earlier identical or similar trademark for identical or similar products/services if there is an actual risk of confusion or association for the relevant public;
- the trademark has been registered by an agent or representative of the owner without the latter's authorization;
- presence of an earlier identical or similar trademark for identical or similar products/services, not registered or another sign used in normal commercial practice;
A designation of origin or a geographical indication can also cancel the registration of an EUTM. A further reason for invalidity is based on other earlier rights such as a right to a name, a right to an image, copyright or an industrial property right (design).
As far as revocation is concerned, these are the grounds:
- non-use of the trademark for an uninterrupted period of 5 years;
- the European Union trademark has become the usual name in the trade of a product or service for which it is registered (generic term);
- following the use made of it by the owner of the trademark or with his consent for the products or services for which the trademark is registered, it can mislead the public as to the nature, quality or geographical origin.
Our company Gallo & Partners, through its team of qualified consultants, has the skills and qualifications to represent you before the EUIPO Office of the European Union for such procedures for determining the invalidity and revocation of registered trademarks.