Protecting your brand by initiating the trademark cancellation procedure
Trademark Cancellation
The registration of a national or European trademark can be cancelled for various reasons, and the action may be initiated based on solid legal criteria.
If you intend to challenge the validity of a registered trademark, we offer complete drafting services for the cancellation request, in accordance with legal provisions. We perform a detailed analysis of the situation and prepare the necessary documentation, ensuring that your arguments are well-founded to support the cancellation request.
Benefits
Clients
Trademarks registered
at OSIM
Registered trademarks
Portfolio
Ziarul Argeșul
Webcar
Prisaca Transilvania
Nativ
FAQ
01Ce înseamnă anularea unei mărci?
The cancellation of a trademark is a legal process through which the legal protection of a registered trademark is revoked—either partially or entirely. It may be initiated by third parties who believe the trademark does not meet legal requirements, who identify irregularities during registration, or due to the trademark’s non-use. After cancellation, the owner loses exclusive rights over the mark.
02What are the benefits of your trademark cancellation service?
Oferim sprijin complet pentru anularea unei mărci, incluzând analiza detaliată a cazului, redactarea cererii, colectarea dovezilor și gestionarea comunicării cu autoritățile. De asemenea, oferim consultanță strategică și reprezentare juridică în toate etapele procesului, asigurând cel mai bun rezultat posibil.
03What are the common grounds for trademark cancellation?
There are various grounds for trademark cancellation. First, non-use of the mark: if a trademark has not been used for a continuous period of 5 years without legitimate reason, it may be cancelled. Second, lack of distinctiveness: if the mark is generic, descriptive, or insufficiently different from other existing marks. Third, conflicts with earlier rights. Fourth, bad-faith registration, or cases where the trademark was registered with the intention of harming others or obtaining unjustified benefits.
04When can a trademark cancellation be requested?
A cancellation request can be filed at any time for reasons related to fundamental legal requirements, such as lack of distinctiveness or infringement of existing rights. In cases of non-use, the request may only be filed after 5 years have passed from the date of registration, which is the period during which the owner must prove genuine use of the trademark.
05What evidence is needed for trademark cancellation?
The evidence required depends on the grounds for cancellation. For non-use, proof is needed that the trademark has not been used—such as the absence of products or services on the market or lack of commercial activity. For conflicts with earlier rights, recommended evidence includes documents proving the existence of a prior similar trademark, its use, or its reputation. For bad-faith registration, evidence may include previous business interactions or the owner’s actions showing lack of intent to use the mark or abusive behavior.
06How long does the trademark cancellation process take?
07What can I do if my trademark is challenged through a cancellation request?
If your trademark is challenged, you can respond by providing evidence that proves actual use of the mark, its distinctiveness, or the absence of the grounds invoked for cancellation. It is important to work with an intellectual property expert to prepare a detailed and well-structured response. TAS Agency offers you consultancy to help defend your trademark effectively.