You would like register your renowned mark, but another, already registered trademark is in your way.
It is possible to have a registration revoked and the trademark removed from the Register of the German Patent and Trademark Office. Both the owner of a trademark and a third party can file an application to revoke a registration.
Under what circumstances is it possible to have a registration revoked?
A trademark registration may be revoked, or removed, on the grounds that either:
- it was registered in breach of absolute grounds for refusal
- it is not being used
Absolute grounds for refusal include:
- the lack of distinctiveness in the mark (it is similar to a trademark which had been registered earlier, or the goods and services which it is registered for)
- the possibility of the public being deceived
- the mark has become a common term in the trade.
Furthermore, it is possible to revoke a registration, if a trademark has not been used for a continuous period of five years (period of grace) – after this period has collapsed, it is possible to file an application for the revocation of a registration on grounds of non-use.