Back to Trademark basics

Can a trademark be revoked?

Founder & Trademark Attorney

Yes. Registered trademarks can be canceled by a third party through revocation proceedings. These are most often initiated when a mark has not been put to genuine use in commerce for a continuous period of five years (depending on the jurisdiction) without a valid reason.

The party seeking to cancel the mark must demonstrate non-use, and the burden then shifts to the trademark owner to provide evidence of genuine use during the relevant period. If the owner cannot, the trademark is removed from the register.

Revocation on grounds of non-use can only be filed after the five-year non-use period has elapsed. Before that point, the owner is not required to demonstrate use.

Related questions

Common mistakes to avoid when registering a trademark

Creating a business is not an easy job. From sketching out the business plan to choosing the name and logo, the whole process requires a lot of time and effort as nobody would want this amount of planning to go to waste. This is why business owners shouldn’t brush over one of the most important steps in the process of establishing their company – registering a trademark.

Lindt secured another win for its chocolate bunny trademark in the EU

The Federal Supreme Court ruled that the gold-coloured foil-wrapped chocolate bunny from Lindt & Sprüngli can claim trademark protection against the competing product from Lidl. Lidl is no longer allowed to sell its rabbit because of the risk of confusion and must destroy existing copies of the product.

Brands and environmentalism: EUIPO study reveals surge in 'green' trademarks

Increasing environmental concerns lead to shifting consumer behavior, and many brands address these concerns by registering ‘green’ trademarks. The results of the study conducted by EUIPO in 2021 found a 900% increase in green trademarks being filed, demonstrating that “growing interest in sustainability is indeed reflected in the EUTMs filed at the EUIPO [1]. Read about the current green trademark trend in the EU in this article.