Trademark Rectification & Cancellation
Remove a registered mark that should not be there.
Rectification is the remedy once a mark is already registered and opposition is no longer available. It is brought before the registrar and can seek cancellation, variation, or correction of an entry.
The most-used ground is non-use: a mark registered for five years and three months without bona fide use in relation to the goods it covers can be removed on application. This is how a blocked name is often freed up.
It also corrects the mundane — a proprietor name that was mis-recorded, an address that was never updated, a specification that includes goods never traded in.
What is included
- Grounds assessed and the evidence gathered
- Rectification application in TM-O
- Evidence affidavit and submissions
- Hearing representation through to the order
What we need from you
- Details of the registered mark to be rectified
- Evidence of non-use or of the wrongful entry
- Your own registration or interest in the matter
- Power of attorney
Questions
Can I cancel someone else's trademark for non-use?
Yes, where the mark has been registered for five years and three months and has not been put to bona fide use for the goods or services it covers. The burden of showing use then shifts to the proprietor.
Also in Trademark & IP
Talk to us
Get started with Trademark Rectification & Cancellation
Tell us a little about the business and a chartered accountant will call you back. You will get a firm quote before any work begins.
- A qualified accountant on the call, not a call centre
- A firm quote before any work begins
- Your details are never sold or shared