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Do I Have To Use My Trade Mark

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Lawdit Solicitors - Expert Author

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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Furthermore it must not be withdrawn from use for any continuous period of five years.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 marketplace.

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 law. jody.tsigarides@lawdit.co.uk


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

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