Revocation of a trademark


If you want to make use of another company’s trademark, you can apply to have it revoked.

Ordinarily this will be because that company has never used it, or has long since stopped doing so. Sometimes however, there may be other reasons.

Revoking a trademark for non-use

Many businesses will register trademarks that they never go on to use. There are many possible reasons for this. It might be to protect themselves against companies adopting similar branding, projects might have been shelved before completion, or they may even intend to sell creative trademarks to other companies.

To be successful, the applicant must show that the trademark has not been used in the five years since it was registered, or not for any uninterrupted period of five years, and that there are no proper reasons for non-use.

If the non-use was due to legal or export reasons, then that will not be sufficient to have the trademark revoked.

The proprietor of the trademark is entitled to defend their rights to it. They can do this by proving that it has been in use, for example, by producing evidence of goods, sales or advertising using the mark.

Learn more about protecting your brand by visiting our trademarks page.

Revoking a trademark for other reasons

Occasionally a trademark may be revoked for other reasons. These refer to cases in which the mark has become a common term in the trade for which it is registered, or is likely to result in the public being misled.

These cases are considerably rarer and the revocation is unlikely to be granted. If you become involved in one, it is important to take legal advice at the earliest opportunity.

It is not always necessary to take the matter to a tribunal. In many cases, when a trademark has fallen out of use or it has become necessary to revoke it for other reasons, the proprietor will be happy to surrender it, particularly if they know they would not succeed in retaining it were a formal application to be made.

It is important to be aware that if the proprietor of a trademark does not defend your application to revoke it, you will be responsible for all the legal costs.

If you would like to have a trademark revoked, or defend an action to do so, Contact Law can put you in touch with a cost-effective specialist intellectual property solicitor free of charge. Please call us on 0800 1777 162 or complete the web-form above to speak to an advisor.

0800 1777 162
or fill in the form
Our trained advisor contacts you
Your chosen specialist solicitor calls you
Quick enquiry form
Area of law:
What our clients say about us
"This was the first time I've been to court, which was a nerve-racking experience for me. However, I felt very prepared, I understood my case and representation - this was down to you."
Gavin, criminal motoring, Oct 15
"Your service, and the prompt call back from your recommended firm was very good. I would not hesitate to call again or recommend your service."
Ian, employment law, Truro, July 15
"The firm were excellent, could not have been better! They are exactly what I need right now."
Linda, criminal defence, Thames Ditton, Jul 15
"Your contact and service was immediate and utmost professional, 10/10."
TF, conveyancing, Dudley, Jun 15
"I appreciate the service that you provide. I found you to be courteous, efficient and reassuring at a time when my confidence in justice is completely negative."
Patrick, litigation, Pontypridd, Jun 15
"I cannot tell you how much I appreciate the speed of which you came back to me in. If anyone else can benefit from your help like I have done, it would make my day."
Gail M, family law, Potters Bar, Jun 15
"Your assistance was extremely helpful. Particularly to someone who in 40 years of business has never experienced this sort of issue."
TD, commercial litigation, Galashiels, Apr 15
"It is difficult to express the value Contact Law has to someone like me who had very little understanding of the law and how to proceed forward with my case. Thank you for the service you provided."
AE, defamation law, Worthing, Apr 15
"Thank you for the efficient service I received. I was contacted by your solicitor on the same day as my request. Your quick response to my situation made me feel secure."
AN, employment law, London, Apr 15
"Your service was excellent, very fast and informative. I never got the impression of being pressurised at all. The solicitor you recommended was also excellent – very knowledgeable and supportive."
JHD, Motoring law, Liverpool, Apr 15
Contact Law supports the endeavours of STAE and commends all the work they are undertaking to assist in the plight of the Asian Elephant


We use cookies on the Contact Law site to help us improve it.

If you would like to allow our cookies, please click 'Continue' or carry on browsing. For more information on cookies and how to change your settings, click 'More info'.