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Can my competition challenge my trademark after it is successfully registered?

Written by Jan Buza

Co-founder of Trama

Yes. A registered trademark can be challenged through cancellation or invalidity proceedings after registration.

Cancellation can be sought on the grounds that the mark has not been put to genuine use for a continuous five-year period, or that it has become generic or deceptive since registration. Invalidity can be sought on the grounds that the mark should not have been registered in the first place; either because it lacked distinctiveness at the time of registration or because it conflicted with an earlier right that was not raised during the original proceedings.

A successful cancellation removes the trademark from the date the action is granted. A successful invalidity declaration treats the trademark as if it had never existed.

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