Trademark revocation is a legal mechanism whereby a trademark owner loses their rights to the trademark due to certain conditions not being met. It occurs when the trademark owner fails to comply with certain obligations related to the exploitation and use of the trademark after its registration.
Main situations that can lead to the revocation of a trademark:
- Non-use of the trademark: Revocation may be ordered if the trademark has not been used effectively and seriously for an uninterrupted period of five years. The use must relate to the goods or services for which the trademark is registered.
- Degeneration of the trademark: The trademark may be revoked if it becomes the common name in commerce for the goods or services for which it was registered. For example, a trademark that becomes a generic term loses its distinctive character.
- Misleading character: If the trademark becomes misleading, i.e., if it misleads the public as to the nature, quality, or origin of the goods or services.
Revocation procedure:
Revocation of a trademark may be requested by an interested third party before the courts or the intellectual property Offices. If revocation is granted, the trademark ceases to be protected from the date on which the revocation takes effect and becomes available again.
In summary, trademark revocation is a penalty for non-use, degeneration, or other reasons, which results in the loss of the owner’s rights to the trademark and thus makes it available again to third parties.