Cancellation

A cancellation action is a procedure whereby a request is submitted to invalidate a trademark. The invalidity action can be based on one of the following grounds:

• The trademark can not be a trademark
• The trademark does not stand out
• The trademark is too descriptive
• The trademark has become a generic term
• The trademark has been filed in bad faith

• The trademark requires use and is not used.

Benelux

In the Benelux invalidity proceedings are settled by the competent court. Because of the fact that in the Benelux only a court lawyer (or trial attorney) may appear before the court, the invalidity proceedings must be handled by a court lawyer. Nederlandsch Octrooibureau works closely together with several specialist court lawyers who will be pleased to assist in case of invalidity proceedings in the Benelux.

European Union

If you wish to initiate a cancellation action against a trademark registration or if a person has initiated invalidity proceedings against your trademark registration, proceedings will have to be conducted at the official trademark registration office of the European Union (OHIM). These proceedings generally resemble the opposition proceedings. The lawyers at Nederlandsch Octrooibureau will be pleased to represent you in European invalidity proceedings.

Advice

The lawyers at Nederlandsch Octrooibureau will be pleased to advise and represent you during invalidity actions against a trademark registration by a third party. Also, we can assist should a person initiate invalidity actions against your trademark registration.