Do I Have To Use My Trade Mark
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19 May 2011
The short answer to this is that a registered trade mark must be put to
use within the first 5 years of registration.
Furthermore it must not be withdrawn from use for any continuous period
of five years.
Section 46 (1) of the Trade Marks Act 1994 ('the act') states;
(a) a registration which has not been used for five years will be
revoked either under paragraph (a), where the mark has not been put to
genuine use for the five year period following registration or under
paragraph (b), where use of the mark has been suspended for an
uninterrupted period of five years at any later stage.
If a registration is attacked under the grounds of non-use then it is
for the registered proprietor to prove that the mark been used within
the relevant periods. It must show evidence that the mark has been put
to genuine commercial use and that the products or services to which
the mark is attached have been offered for sale in the relevant
Section 46 (2) of the Act states that use of the mark does not
necessarily have to be in identical form as long as the use is 'in a
form differing in elements which do not alter the distinctive character
of the mark'.
Jody Tsigarides is a Solicitor who specialises in trade mark
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2011-06-02 12:11:27 in Legal Articles