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Cancellation of a CTM

Cancellation or revocation

According to Articles 51 to 55, a registered Community trademark may be the object of an application for revocation of the rights of the proprietor or for a declaration that the trade mark is invalid, this being submitted to the Office.

Non use of the Community trademark

The rights on a Community trademark can be revoked on the request of a third person, in the absence of use of the trademark in the European Union in relation to the goods and/or services for which it has been registered, within an uninterrupted five-year period.

Such a request can be filed only against Community trademarks registered more than five years ago. However, according to Article 54, the owner of an earlier right who has tolerate the use of the contested trademark during a five-year period can no longer file an application for invalidity, except if the filing of the contested application has been done in bad faith.

A decision of the OHIM declaring the revocation of the rights on a Community trademark has for consequence that the trademark is considered as having had no effect as from the date of the request for revocation.

Absolute and Relative grounds

A Community trademark can also be declared invalid by the OHIM on the request of a third person, on the basis of absolute grounds (for example if it is descriptive, contrary to public policy, deceptive) or on the basis of relative grounds (existence of a prior right similar to the contested trademark).

A decision of the OHIM declaring the invalidity of a trademark has for consequence that the trademark is considered as having had no effect as from its filing.

The revocation procedure is a ”paper procedure”. Hearings are very rare.