The
UK
Patent Office has published a revised
practice note on proceedings to revoke a trade mark on the grounds
of non use - covering technical, administrative and practical
changes in the procedures.
In the
UK
registered trade marks can be revoked, in
whole or in part, on only three grounds:
- There has been no genuine use of the trade mark for an
uninterrupted period of five years;
- The mark has become a common term in the trade to which it
relates; or
- The trade mark has been used in such a way that it might
mislead the public.
Applications for the revocation on the grounds of non-use must
be made on a set form and include a supporting statement in favour
of the revocation and a fee of £200.
A number of recent decisions by the courts and other bodies have
led to changes in the procedures required and a new practice note
has therefore been issued.
Users and practitioners are advised to take note of it.
