Written by Igor Demcak
Founder & Trademark Attorney
A trademark can be invalidated (revoked) five years after registration by a third party if the party can prove the trademark is not being used for the registered purposes.
The standard required to undertake an invalidation of a trademark is to prove that the trademark has not been used for a period of five years without interruption.
The invalidation will require collecting evidence related to the use of the trademark during the period and providing a report supporting the invalidation. The invalidation is an official process, and therefore government fees are applicable. The volume of evidence necessary to invalidate a trademark can differ depending on the jurisdiction.
An intellectual property office is also able to revoke a trademark if it finds that the trademark is not being used via the means of randomized checks. During the check, the owner is required to provide proof of usage of the trademark.
What if I received the Notice of Allowance but can't prove the use in commerce yet?
Is there an extra fee when filing a trademark on the use-in-commerce basis?
Is it worth registering a trademark with a high chance of rejection?
What can I submit as a specimen when registering a service mark?
If we register a logo trademark, can we still make changes to the logo itself and retain protection?
Does the registration in US give international protection to trademark?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
