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How can I cancel someone else's trademark?

Senior Trademark Attorney

Cancellation of a registered trademark is initiated by filing a cancellation application with the relevant IP office, setting out the grounds for the request.

The most common grounds are non-use (the trademark has not been put to genuine commercial use for a continuous five-year period) and invalidity (the mark should not have been registered in the first place, either because it lacked distinctiveness at the time of registration or because it conflicted with an earlier right that was not raised during the original proceedings).

To pursue cancellation, gather evidence supporting your grounds, file the cancellation petition with the IP office, and pay the applicable fee. The trademark owner is then notified and given the opportunity to respond. If the owner cannot demonstrate genuine use (for non-use cancellations) or rebut the invalidity grounds, the trademark is removed from the register.

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