Back to Specifics of EU trademarks

How can I file a cancellation of an EU trademark?

Founder & Trademark Attorney

You can initiate cancellation proceedings for an EU mark by filing a cancellation application with the EUIPO's Cancellation Division. These are submitted online through the EUIPO portal.

The cancellation application must identify the trademark to be cancelled, state the grounds (non-use, or that the mark has become generic or deceptive), and include payment of the cancellation fee. The trademark owner is then notified and given the opportunity to respond.

Non-use cancellations require the applicant to show that the trademark has not been put to genuine use in the EU for a continuous five-year period. The burden then shifts to the trademark owner to provide evidence of genuine use.

Related questions

12 good reasons for advertising companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for advertising companies. This article presents a concise summary of 12 key reasons why every creative that sheds light on others should think about registering for a trademark.

Microsoft versus MikeRoweSoft

This trademark infringement case between Microsoft and MikeRoweSoft represents one of the classic legal disputes in the field of intellectual property law. In case you are not already familiar with it, this article summarises the key issues and outlines lessons for brand protection for software companies in particular.

Stories of our clients: Greca

From travellers, for travellers. A simple, yet powerful, motto underpins the convenient services provided by Greca, an online travel agency, founded by Greca Guido Colombo. “Even with a pandemic and a war, people are still trusting us with their dreams” and it is our pride at Trama to help protect this exciting travel agency.