Non-use of a trade mark
As the owner of a trade mark you must use it in the course of trade. If you don't, your trade mark can be removed for non-use. This is to prevent people from registering desirable trade marks simply to stop other traders from using them.
Removal
The non-use application may be for full removal of the trade mark or for partial removal. Full removal means the trade mark will no longer be registered. Partial removal means the trade mark will remain registered but for fewer goods and/or services.
Unless the non-use application is opposed by another party filing a notice of opposition, the trade mark will be removed from the register.
Apply for removal for non-use
Any person may apply for removal of a trade mark for non-use.
A fee must be paid at the same time the non-use application is filed using one of the following forms:
- National - Application for removal of a registered trade mark for non use
- International - Application for cessation of protection of a trade mark for non use
Please note, a non-use application cannot be filed if there is court action taking place in relation to the trade mark.
After filing
After a non-use application has been filed, the registrar will send a notice to the registered owner of the trade mark. As the owner of a trade mark, you should make sure your contact details in the register are up to date.
A trade mark owner has three months from the date of advertisement to oppose removal by filing a notice of opposition.
Opposing removal
Any person can oppose removal.
Filing an opposition temporarily stops the trade mark being removed. The person who filed the notice (the opponent) must rebut the allegation of non-use by providing evidence in support of the opposition.
They must do this within three months of the opposition being filed.
If there is no opposition filed, the trade mark must be removed from the register.
Last Updated: 11/12/2012
