Cancellation / invalidation

Remove a blocking cited mark, or invalidate a bad-faith registration

Deadline: Cancellation: any time after three years from registration. Invalidation: generally within 5 years of registration
Legal basis: Trademark Law art. 49 (non-use cancellation), art. 44 / 45 (invalidation)
What this is

Cancellation targets marks unused for three consecutive years — many blocking citations are dead marks nobody bothered to clear. Invalidation targets marks that should never have been registered: absolute grounds, deception, or other improper means. Both clear the way for your own filing and are often run alongside a review.

When you need it
  • Your application was refused on a citation that appears long unused
  • A squatter registered your brand and you need it invalidated
  • A mark was registered by deception or by copying a well-known mark
  • A cited mark is blocking your review and you want to clear it first
What to prepare
  • Registration number of the target mark
  • Grounds for cancellation (no genuine use for three consecutive years)
  • Grounds and evidence for invalidation (prior use, agency relationship, bad faith)
  • Proof of your legal personality
  • Power of attorney
Fee
Cancellation charged per filing; invalidation quoted after assessment
Not sure this is your situation?

Run the free tools first — they will tell you whether the problem is prior marks, absolute grounds, or something else.

Tell us about the mark

A consultant checks the mark’s status first, then calls you with an assessment and a quote.

As it appears on the certificate or filing.
Class and number help us verify the mark before we call. Leave blank if you are not sure — we can look it up.
🔒We verify every number by SMS. Your information is encrypted and used only for this enquiry.
No charge for the initial assessment. No obligation.
FAQ

Questions about this service

Do I need to prove the other side is not using it?

No. The burden shifts to the registrant, who must file three years of use evidence within the deadline. Failure to do so results in cancellation — which is why cancellation is cheap and effective.

Does a successful cancellation guarantee my registration?

No. It removes one obstacle. Your own mark still needs to clear absolute grounds and any other citations, so the right order is a full assessment first.

Could the other side simply refile?

Yes, and it happens. Coordinate the cancellation with your own filing timeline — file as soon as the decision takes effect, and monitor afterwards.

Cancellation or invalidation — which one?

Attack the non-use with cancellation; attack the legitimacy of the registration with invalidation. They can be combined.

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