Cancellation Trademark

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Cancellation of a trademark is the cancellation of the registration of a trademark, which leads to the loss of exclusive rights from the date of registration. 

There are several reasons for cancellation of a trademark, the main one of which is illegal registration due to ignorance of existing previously registered similar or identical trademarks. 

A similar procedure for cancellation is called "early termination" of a trademark. The main reason for early termination is not to use the trademark by the copyright holder for a certain period of time. In different countries, this period varies from 2 to 4 years. 

Cancellation and early termination lead to the same consequences - termination of the trademark. 

However, there are some features of the consequences. In case of cancellation, the trademark is canceled from the date of registration, and in case of early termination, the mark ceases to be valid from the date of termination. This circumstance plays a significant role for a person who previously used it before the termination of the mark. 

Cancellation and termination of a trademark is a powerful tool in removing barriers to the registration and use of new trademarks. 

There are some differences in the legal regulations of procedures in different countries. Trademarks may be revoked or terminated in whole or in part.

How to protect the owner of a trademark from its cancellation?

Cases when the owner is trying to deprive the rights to a trademark, there are no less often accusations of illegal use of someone else's trademarks. In such a situation, it is necessary to correctly assess how legitimate and justified the position of the opponent is, who is interested in canceling the trademark. And also, it is necessary to develop your position, backing it up with a competent evidence base.


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