When things do not go to plan

Cancellation & Invalidation

Q: How do I protect my mark from cancellation?

Use it genuinely and keep dated evidence of how and where. Non-use for five years is the most common ground for removal.

Q: Someone is trying to cancel my mark, what now?

Treat it like an opposition: strict deadlines, proper evidence. Get advice quickly, it is defensible with the right response.

A registered mark is challenged after it is on the register, rare, but serious, because you could lose a right you rely on.

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rare, but serious

A watch-out

Video explainer

Coming soon, a short walkthrough of this stage.

What is trademark cancellation and invalidation?

Even after registration, a third party can try to remove your mark, by invalidation (arguing it should never have been registered) or revocation (for example, that it has not been genuinely used for five years). These are sometimes loosely called ‘cancellation’.

It is uncommon, well under 1% of registered marks face this, but it is serious, because you could lose a right you have been relying on. Using your mark properly and keeping evidence of use is the best protection.

What to do & be aware of

Keep dated evidence of how and where you use your mark.
Non-use for five years leaves a mark vulnerable to revocation.
A cancellation action must be defended like an opposition, promptly and properly.
We can defend cancellation actions and advise on protecting your registration.

Real cases at this stage

Trademark cancellation cases from the UK courts, from SkyKick v Sky to the ESB case, on bad faith, non-use and invalidity, and what each means for you.

Read our guide to trademark cancellation cases →

Common questions

How do I protect my mark from cancellation?

Use it genuinely and keep dated evidence of how and where. Non-use for five years is the most common ground for removal.

Answered by Jonathan Paton, Founder & CEO

Someone is trying to cancel my mark, what now?

Treat it like an opposition: strict deadlines, proper evidence. Get advice quickly, it is defensible with the right response.

Answered by Jonathan Paton, Founder & CEO

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Figures are derived from analysis of the public UK Intellectual Property Office trademark register (applications filed 2015 to 2023, a settled cohort of 1,340,875 marks). They describe the typical journey of a UK trademark application and are for general information, every application is different.