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When can an EU trademark be considered invalid?

Founder & Trademark Attorney

An EU trademark can be declared invalid if grounds existed at the time of registration that should have prevented it from being registered.

Absolute grounds for invalidity include: the mark lacked distinctiveness at the time of registration, the mark was descriptive of the goods or services, the mark was contrary to public policy or accepted principles of morality, or the application was filed in bad faith.

Relative grounds for invalidity arise from conflicts with earlier rights not identified or opposed during the original proceedings: an earlier identical or confusingly similar trademark covering identical or similar goods or services, or another earlier right such as a trade name or geographical indication.

A declaration of invalidity, if granted, has retroactive effect; the trademark is treated as if it had never been registered from the outset.

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