Trademark non-use removal actions

If you don‘t use your trademarks someone can apply to get your registrations removed from the Trade Marks Register using trademark nonuse removal actions. It can cost a lot of money and take a long time to defend your registration.

When someone else registered the trademark first

On the other hand, if someone else’s registration is blocking your application, to get your own trademark accepted you might be the one making the non-use removal application.

Trademark applications and registrations can be removed from from the Trade Marks Register where:

  • the owner had no good faith intention to use the trademark at the time of application, and has not used it; or
  • the registration is more than three years old and, in the previous three years, has not been used on the registered goods/services.

Contact us if you need practical advice on overcoming an objection or defending your own registration.