You may apply to remove the entire registration, or only some of the goods or services it covers.
If you start revocation proceedings, you become the ‘applicant’ in the case.
Revocation for reasons of non-use
If you think a registered trade mark has not been used in the UK on the goods or services for which it is registered, either by the proprietor or by someone else with the proprietor’s agreement:
- in the five years since the trade mark was registered
- for any uninterrupted period of five years after registration
- and there are no proper reasons why the trade mark has not been used
then you can apply to revoke or partly revoke it.
Revocation for reasons other than non-use
You may want to revoke, or partly revoke, the registration of a trade mark, for other reasons than non-use. Either:
- the trade mark has become ‘generic’ which means that it has become the common name in the trade for goods or services for which it is registered
- because use of the trade mark is likely to mislead the public, particularly as to the nature, quality or geographical origin of the goods or services on which it has been used
Start revocation proceedings
You should consider getting professional advice before you decide anything.
- either a form TM26(N) ‘Application to revoke a registration or a protected international trade mark (UK) for reasons of non-use’ and statement of grounds
- a form TM26(O) ‘Application to revoke a registration or a protected international trade mark (UK) for reasons other than non-use’ and statement of grounds by fax or post
Glossary of terms
The Trade marks tribunal: glossary of terms is also available.