After a trade mark has been registered

Once a trade mark has been registered there are several different forms of legal action you can take to challenge it.

Your dispute does not have to be brought before us; you can bring it before the High Court. You decide which route you chose to take.

There is no time limit for raising such actions, except when applying for Revocation on the Grounds of Non Use.

If you are thinking of taking such an action we would suggest that you approach the registered proprietor first, to see if there is any alternative to taking legal action, for example negotiation or mediation to resolve the issue.

You can use other actions to remove or amend a registered trade mark.

Invalidation

Invalidation is the legal procedure, which allows anyone to try and remove a trade mark from our register as if it had never been registered. You can apply to remove the entire registration, or only some of the goods or services that it covers.

Revocation

Revocation is the legal procedure that allows anyone to try and remove a trade mark from the UK register. You can apply to remove the entire registration, or only some of the goods or services that it covers.

Generally, you would apply to revoke a trade mark on the grounds of non-use, but there are other grounds for revocation.

Rectification

Rectification is the legal procedure which allows anyone to apply to correct (or rectify) an error or an omission that has been made in the recorded details of a registered trade mark.

Intervention

Anyone, other than the proprietor, who claims to have an interest in a registered trade mark may apply to become involved (in legal words 'intervene’) in post registration legal actions.