Cancellation of trademark rights in the court.

A registered trademark can potentially exist in perpetuity - assuming that your trademark mark is kept in proper order.

Your registered trademark can become abandoned if you fail to make the proper renewal filings before the national office, W.I.P.O. or O.H.I.M..

Furthermore, a registered trademark is subject to cancellation by third parties under certain conditions.

The two most common reasons for a trademark cancellation are non-use by the registrant and the mark becoming generic.

Although a trademark can indeed exist forever, these trademark rights are subject to continued use in commerce.

Substantial non-use in commerce provides the opportunity for third parties to file a cancellation request, which is usually a court procedure. In case of the Community trademarks, the cancellation request has to be filed in front of O.H.I.M..

The third party would need to properly detail the grounds for such non-use, and provide specific details that clearly show that you have not been using your mark.

But in some legislations, the obligation there is the obligation of the trademark owner to proof the use of its trademark, after a third party ground the cancellation request on the non use by its owner.

It is thus important to continue to use your registered trademark in commerce.

A second ground that can be used to cancel a trademark is that the mark has become generic.

This means that your mark has become so associated with the underlying good or service that it is used interchangeably with your mark.

Once a registered trademark becomes generic, it is no longer subject to trademark protection - and is thus subject to cancellation.

Owners of trademarks, including registered trademarks, should take steps to protect their marks to ensure they do not become generic.

There are other reasons for cancellation, such as fraud in obtaining the registration, which can lead to the cancellation of a trademark at any time.

Some registered trademarks, after they have become "incontestable," are more difficult to cancel.

Fraud is one allegation that can be brought at any time; however the standards for proving fraud can be at times difficult.

INTELLEKTUS is a network of lawyers that are specialized in industrial property and have experience bringing and defending against trademark cancellations.

Usually it is possible to represent yourself during a trademark cancellation - however we recommend using the services of an attorney that is familiar with trademark law and has experience with cancellations.