A trademark can be cancelled if someone files a request to cancel a trademark. This can be because they believe they are being damaged by a registration.

What grounds are available to cancel a trademark registration?

It can either be because there is a belief that the trademark should not have been allowed to be registered in the first place. This means that it did not actually comply with Trade Mark Laws and is something which is descriptive and should be free for all to use. Otherwise it can be because there are earlier or prior rights to the use of the mark, meaning that the person who is complaining actually used the mark first and therefore should not be prevented from using it by the owner of a registered trademark. Lastly if someone has not been using the mark (usually for longer than 5 years) then they are blocking the marketplace and then the Trade Mark Office can be asked to remove the mark and make it available.

Defence against cancellation

The owner of the trademark can prove use, that it is distinctive and that there is not likelihood of confusion.

It depends on the grounds of cancellation, the evidence submitted and the law in the relevant country.

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