Trade mark non-use removal applications
Highly skilled trade mark attorneys, providing personalised, commercially oriented services related to trade mark registrations, securement and defence.
A registered trade mark that is not being used can be removed from the register, either completely or for some of its goods and services. Anyone can apply to have it removed if it has not been used for three continuous years, or if the owner never intended to use it.
If a removal application is not opposed within two months of being advertised, the mark is removed. Whether you want to clear a mark that is blocking yours or keep your own registration, the timing and the evidence of use decide the outcome.
What are trade mark non-use removal applications?
At any time following the registration of a trade mark, an application can be made to have it removed from the register. Known as a non-use removal application, this process can be instigated by a third party.
Applications can request the removal of the entire trade mark or just part thereof such as the removal of certain goods and services.
When a non-use removal application is filed, the owner of the trade mark is notified and allowed to respond. If the owner takes no action following the non-use removal application, their trade mark will be removed.
When are non-use applications used?
Trade mark non-use removal applications are most frequently filed by a third party such as a competitor. This may be because they wish to file a similar trade mark or remove a competing one.
There are only two accepted circumstances in which a trade mark can be removed for non-use.
The trade mark has not been used for a continuous period of three years where it can be proved that the original applicant had no intention to use the trade mark for the goods and services listed in the initial filing
Can I make a non-use application or defend against one myself?
If you have been made aware that someone is seeking to de-register your trade mark or you are seeking to have one removed for non-use, it is best to speak with a trade mark attorney.
Improper preparation of evidence for a defence against a non-use removal application could quickly see you lose the right to retain your trade mark. The trade mark office cannot consider incorrectly filed evidence meaning this could result in your trade mark being removed.
Likewise, if you file a non-use removal application without adequately checking that you can do so in line with relevant legislation you’re wasting valuable time and resources. Without a careful strategy before filing the non-use application you could find yourself in a worse position financially and commercially.
Even if you can prove non-use, any errors in your application could see your filing rejected outright with no refund given on application fees.
How a trade mark attorney can help
Regardless of whether you are pursuing the removal of an existing trade mark or dealing with someone who is trying to remove one you own, the process can be complex and confusing with strict deadlines applying.
Engaging a trade mark attorney to manage this process ensures all proper checks and evidence are prepared prior to filing or responding to a removal request.
If a request to remove has been instigated by concerns over the motivations of the trade mark holder or by someone seeking to infringe on your rights, they are also best placed to assist.
Experienced across all aspects of trade mark law, they support you to protect your existing trade mark or successfully file a new one. This includes managing any non-use application filings or defending against one.
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Our process
We guide you through every stage of the trade mark process, from initial assessment to granted protection.
01
Submit an enquiry & book a free consultation
Begin by submitting an enquiry and scheduling a free, no-obligation consultation. This can be conducted in-person, online, or over the phone, whichever suits you best.
02
Receive tailored IP protection recommendations & quote
Following your consultation, IP Guardian will assess your situation and prepare clear, customised recommendations outlining the most suitable IP protection pathways for your idea, brand, or invention. You will receive a detailed quote and guidance on next steps.
03
Engage IP Guardian & secure your IP
Once you are ready to proceed, simply engage IP Guardian by completing our client onboarding. Our team will then prepare and file all necessary applications on your behalf. From this point forward, your intellectual property is on the pathway to full legal protection.
Meet our skilled trade mark attorneys
Combining decades of experience, the team at IP Guardian have the skills and knowledge necessary to handle every aspect of trade mark law.
Our unmatched service and advice ensure that our client’s trade mark applications and the protection of their IP are successful and well-defended.
Whether you need assistance to file a non-use removal application or have unexpectedly received notice of one filed against your trade mark, we can help.
We carefully review all the details in either scenario and prepare accordingly so that you can achieve the optimal outcome. Should filing a non-use application be inadvisable, we will explain why and walk you through any available alternatives.
This dedicated, professional approach is due to our highly-held values of integrity and a desire to uphold these at all times. Paired with our accessible and affordable services, we guarantee our clients the best possible results with zero compromises on quality.
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Client testimonials
We’re proud to work alongside clients who trust us not just with their IP, but with their vision. Here are a few examples of how our IP attorneys have helped brands, inventors, and entrepreneurs secure and enforce their intellectual property rights.
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