A trademark shall be revoked for 3 reasons:
- a) – if it has become the common name in the trade for a product or service in respect of which it is registered;
- b) due to its becoming unlawful, in particular:
– if it can mislead the public, in particular as to the geographical origin, nature or quality of the goods or services it covers;
– if it has become contrary to the law, “order public” or accepted principles of public morality;
– in the case of the collective or certification mark, for the failure by the owner to adopt measures that are reasonably suitable to prevent use that does not comply with the conditions of the trademark use regulation.
- c) due to non-use – a trademark must be actually used by the owner or with his consent, for the goods and services in respect of which it is registered, within five years following registration, and such use must not be discontinued for a continuous period of five years.
The revocation can be total or only partial. If, in fact, the reasons for revocation of a trademark exist only for a part of the products and/or services for which the trademark is registered, the revocation concerns only that part of the products and/or services.
For more information on the risk of revocation of a trademark, please contact us at email@example.com