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IP A-Z

Like most areas of law, Intellectual Property can appear daunting and complex. There are a great many practice areas, subjects and procedures. The SH&P “A-Z” Intellectual Property glossary is a free and easy to use glossary of legal terms commonly used and associated with IP. We hope that it will help you better understand this topic. All of the entries include contact details for SH&P expert advisers. Alternatively, you can request a free, no obligation, IP Consultation and Review here if you require more information or have a particular issue you would like us to help you with.

Revocation is another form of cancellation of a registered trade mark. Unlike invalidation, the grounds are limited to acts which occur after registration.

A successful revocation will establish the exact date upon which the proprietor loses its registered rights. The proprietor will technically maintain its earlier infringement rights which may have occurred prior to the actual date of cancellation, so it is an important aspect of revocation to correctly identify the date from which cancellation is being sought as any use of a conflicting mark that pre-dates the revocation may still be deemed an infringement.

  • The most common grounds for revocation are:-Five years’ non-use of the mark from registration (or any continuing period of five years non-use thereafter);
  • The mark has become a common term in the trade due to the action or inaction of the proprietor (and essentially has ceased to act as an indication of origin); or
  • The use of the mark is likely to mislead the public, in particular with regard to the nature, quality, geographic origin of the goods/services (and essentially has ceased to act as an indication of origin).

Revocation actions may be partial in respect of some or all of the goods and services covered by the registration.

  • Ann Lynch

    Brands & Trade Marks

    Ann joined the firm in 2014 bringing with her almost 20 years’ experience in…
  • David Powell

    Brands & Trade Marks, Domain Names, Websites & E-commerce

    David is a Trade Mark Attorney and a partner of SH&P, which he joined…
  • Jon Welfoot

    Brands & Trade Marks

    Jon joined the firm in 2000. He is an experienced Trade Mark Attorney and…
  • Jonathan Sutton

    Brands & Trade Marks

    Jon has been with SH&P since 1996. Prior to joining SH&P Jon worked as…
  • Julie Gonard

    Brands & Trade Marks

    Julie joined SH&P in 2016, shortly after qualifying with distinction as a UK and…
  • Peter Cornford

    Brands & Trade Marks, Product Design & Copyright

    Peter has worked as a trade mark lawyer for almost 30 years. His experience…
  • Robin Webster

    Brands & Trade Marks, Domain Names, Websites & E-commerce

    After graduating with a degree in Mechanical Engineering from Cardiff University in 1992, Robin…