Do you want to use or register a trademark, but a similar trademark already exists? We can carry out a trademark In Use search for you to find out whether the existing trademark has been actively used in the past five years. If a trademark has not been actively used in the last five years, it can be declared invalid and cancelled.
Active use of a trademark
In most countries, a registered trademark has to be used for the goods and/or services for which the trademark has been registered within a period of 1 year after the registration date. As soon as the active use of a trademark starts, this trademark usage must not be interrupted for a consecutive period of five years. If a trademark is not actively used within this period of five years, it can be declared invalid and cancelled.
NLO Shieldmark can carry out an In Use search for you to find out whether the holder is actually using the existing trademark. This search will also give you a good idea about your position with respect to a third party who already holds an existing trademark registration. If the holder is actually using the trademark, then the In Use search can also reveal the extent to which and the goods and/or services for which the trademark is still being used.
In the event that a trademark is not being used or not being used enough, you can use this fact as a defence in any opposition proceedings should a third party file an objection against the application for the registration of your trademark on the basis of an older, identical or similar trademark.
If you are interested in registering a trademark, but you have discovered that a third party already has a registration for it, you can commence a cancellation action to have the registration of the trademark nullified and cancelled.
Would you like more information about the range of options we offer for our search service, and how much it costs? If so, contact one of the trademark attorneys of NLO Shieldmark.Contact us
Fake invoices are unfortunately a well known problem among trademark owners. A fake invoice is a misleading invoice (or letter) which reffers to a trademark, design, patent or patent application. A payment is requested for a publication in a register or to extend the validity of a registration.They use names like Worldwide database or Trademarks and Patents, Euro IP Register, International Patent & Trademark Database.
Our advice: don't pay. Please contact us is you have any doubts.
NLO Shieldmark is proud to have been voted ‘Benelux - Firm of the Year for Trade Mark Prosecution’ by the highly respected Managing IP magazine. The award was presented on Thursday 10 March 2016 in London.
We wish to thank our clients and fellow professionals for their positive feedback and for believing in our quality and service.