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.

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