Invalidation is the legal procedure which allows anyone to try and remove a trade mark from our register as if it had never been registered.
You may apply to remove the entire registration, or only some of the goods or services it covers.
If you start invalidation proceedings, you become the ‘applicant’ in the case.
The main reasons why you may want to invalidate, or partly invalidate, the registration of a trade mark are:
- you think the trade mark is one which is not unique to the proprietor and should be free for you (or anyone) in that line of trade to use
- you own a trade mark (which does not have to be registered itself) which is the same as, or similar to, the proprietor’s trade mark
Start invalidation proceedings
You should consider getting professional advice before you decide anything.
- a form TM26(I) ‘Application to declare invalid a registration or a protected international trade mark (UK)’ and statement of grounds by fax or post
Glossary of terms
The Trade marks tribunal: glossary of terms is also available.