IP glossary of terms
The SH&P “A-Z” Intellectual Property glossary is a free and easy to use glossary of legal terms commonly used and associated with IP.
Revocation is another form of cancellation of a registered trade mark. Unlike invalidation, the grounds are limited to acts which occur after registration.
A successful revocation will establish the exact date upon which the proprietor loses its registered rights. The proprietor will technically maintain its earlier infringement rights which may have occurred prior to the actual date of cancellation, so it is an important aspect of revocation to correctly identify the date from which cancellation is being sought as any use of a conflicting mark that pre-dates the revocation may still be deemed an infringement.
- The most common grounds for revocation are:-Five years’ non-use of the mark from registration (or any continuing period of five years non-use thereafter);
- The mark has become a common term in the trade due to the action or inaction of the proprietor (and essentially has ceased to act as an indication of origin); or
- The use of the mark is likely to mislead the public, in particular with regard to the nature, quality, geographic origin of the goods/services (and essentially has ceased to act as an indication of origin).
Revocation actions may be partial in respect of some or all of the goods and services covered by the registration.
