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Can I challenge an EU trademark after it has been registered?

Founder & Trademark Attorney

Yes. An EU trademark can be challenged after registration through two types of proceedings at the EUIPO: cancellation and invalidity.

Cancellation proceedings are brought on the grounds that the trademark has not been put to genuine use in the EU within a continuous five-year period, or that the mark has become generic or deceptive after registration.

Invalidity proceedings challenge whether the mark should have been registered in the first place, either on absolute grounds (issues with the mark itself) or relative grounds (conflict with an earlier third-party right).

Both types of proceedings can be initiated by any interested party and are handled by the EUIPO's Cancellation Division.

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