Invalidation of trade marks

An application to have a registration declared invalid is a claim that the mark did not qualify for registration in the first place and should have been refused on either absolute grounds or relative grounds.

A trade mark may be declared invalid on the grounds that either:

• it was registered in breach of Section 3 of the 1994 Trade Marks Act, i.e. absolute grounds, e.g. due to a lack of distinctiveness in the mark, or the possibility of the public being deceived as to the quality or geographical origin of the goods or services, or
  
• it conflicts with an earlier trade mark or right under Section 5 of the 1994 Trade Marks Act, i.e. relative grounds.

You may apply for invalidity of the whole registration or only a part of the registration. You must send a statement of case in support of the invalidation along with the form mentioned below.

Form(s)

Application for a declaration that a regulation be declared invalid [TM23(I)]

The application must be submitted with a fee sheet, which must be filled with all fee bearing forms.

Intervention in proceedings

If, as a third party, you have an interest in invalidation proceedings, you may apply to intervene in these proceedings. The application form must be supported with a statement of case in support of intervention. The Registry will consider the application for intervention, but may not necessarily grant it.

Form(s)

Application to intervene in proceedings for the revocation, invalidation or rectification of a registration [TM27]