top of page

What are the differences between trademark cancellation and invalidation?




Cancellation and invalidation of a trademark both lead to the loss of trademark rights, but they differ in significant ways. Cancellation occurs when there are issues with the use of the trademark, such as when the trademark owner changes the trademark or information about themselves inappropriately. As a result, the trademark rights expire on the date of cancellation. For instance, if a trademark was registered on January 13, 2016, but was cancelled due to improper use and the cancellation was announced on June 14, 2018, then the trademark rights would have expired in June 2018. On the other hand, invalidation occurs when there were flaws in the trademark at the time of registration. For example, a trademark that is similar to the name of a country might be invalidated because it is not in the public interest. If the trademark in the previous paragraph had been invalidated, it would be considered null and void from January 2016 onwards.



Comments


Featured Posts
Recent Posts
Archive