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Invalidating a trademark

6/2002) allows for a registered Community design to be declared invalid if a distinctive sign is used in the design, and Community law or the law of the Member State governing that sign confers on the right holder of the sign the right to prohibit such use.

This ground must be invoked by the right holder of the sign.

[1] Article 25(1)(e) of the Community Designs Regulation (No.…as long as they aren’t stretching the scope of their trade mark rights too far By contrast, in decisions ICD8857 and ICD8858 of the Invalidity Division of OHIM, the applications to invalidate the RCD based on numerous earlier trade mark registrations failed because the contested RCDs and the earlier trade mark registrations were so dissimilar.Both cases (ICD8857 and ICD8858) related to air fresheners and involved the same parties.By way of a non-exhaustive exception to the general rule, this does not apply where the market for the goods or services is confined to one Member State.” Applying this reasoning to the case at hand, and bearing in mind that the market for furniture is not limited to the UK, evidence of use of the Mark and a level of acquired distinctiveness outside of the UK and in other Member States was crucial if Sofa Workshop were to maintain their Registrations.In the absence of either, the CTMs were revoked on the grounds of non-use.In another recent General Court decision, T-55/12, an RCD for a product intended to be incorporated into cleaning devices was held to be invalid in view of a 3D European Community trade mark (CTM), registered for cleaning products in classes 3 and 21.Two further recent decisions of the Invalidity Division of OHIM – ICD9026 and ICD9042 – provide examples of the owners of registered trade marks being able to invalidate a subsequently filed RCD, which incorporates an identical sign to the registered mark.In addition, even if the Marks were not considered descriptive and devoid of distinctive character, the Registrations, according to Sofaworks, were vulnerable to cancellation on the grounds of non-use as they had not been put to genuine use in the European Union during the past five years.In response to the claim that the Mark was invalidly registered, Judge Hacon agreed with Sofaworks and held that the Mark SOFA WORKSHOP was descriptive and devoid of distinctive character.Consequently, Sofa Workshop’s Trade Mark infringement action against Sofaworks was unsuccessful; however, their claim of passing off ultimately prevailed.The evidence of use of the Mark SOFA WORKSHOP in the UK demonstrated not only an acquired distinctiveness in the UK but also a level of goodwill in the business.

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  1. In such cases you can try to invalidate the trademark, for example, if it is registered by fraud or other improper means. such as bad faith, or because it infringes upon a prior right you have. You have to file for invalidation through a Chinese trademark agent with the TRAB. Another option to get back a trademark is by.

  2. Apr 8, 2015. Not only does this defense have the advantage of invalidating a trademark once and for all within a specific industry, thus freeing up the mark for all to use, but the mere threat of having one's mark be found generic also serves as a deterrent to overzealous trademark owners, who may think twice before.

  3. Nov 8, 2013. Trade marks and registered designs can complement each other and they can also come into conflict with each other. Several recent decisions have seen trade marks being used to invalidate a registered Community design RCD under Article 251e of the Community Designs RegulationNo. 6/20021.

  4. The term “invalidation” must be understood as encompassing any decision by a competent authority whether administrative or judicial of a designated Contracting Party revoking or canceling the effects, in the territory of that Contracting Party, of an international registration with regard to all or some of the industrial designs.

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