What is trademark invalidation?

The legal procedure of allowing anyone to attempt to remove a trademark from IPO’s register is called invalidation. This can be the application for the full removal of the registration or part of the services or goods it covers.

The initiator of the proceedings is the applicant in the case.

The following reasons are the main reasons why there may be and application for the invalidation of the full or part of the registration of a trademark:

• There is a belief that the trademark is not unique and should be available for anyone with a similar trade to use.
• There is a trademark similar to, or the same as another registered trademark.

To start an application, you must send IPO a TM26(I) form (‘application to declare invalid a registration or protected international trademark(UK)’), a statement of grounds and a £200 fee (and a FS2 fee sheet).

Theresa Wright