Cancellation

A cancellation action is a procedure whereby a request is submitted to invalidate a trademark.

 

The invalidity action can be based on one of the following grounds:

 

  • The trademark can not be a trademark
  • The trademark does not stand out
  • The trademark is too descriptive
  • The trademark has become a generic term
  • The trademark has been filed in bad faith
  • The trademark requires use and is not used.

 

Benelux

In the Benelux invalidity proceedings are settled by the competent court. Because of the fact that in the Benelux only a court lawyer (or trial attorney) may appear before the court, the invalidity proceedings must be handled by a court lawyer. NLO works closely together with several specialist court lawyers who will be pleased to assist in case of invalidity proceedings in the Benelux.

 

European Union

If you wish to initiate a cancellation action against a trademark registration or if a person has initiated invalidity proceedings against your trademark registration, proceedings will have to be conducted at the official trademark registration office of the European Union (OHIM). These proceedings generally resemble the opposition proceedings. The lawyers at NLO Shieldmark  will be pleased to represent you in European invalidity proceedings.

 

Advice

The lawyers at NLO Shieldmark will be pleased to advise and represent you during invalidity actions against a trademark registration by a third party. Also, we can assist should a person initiate invalidity actions against your trademark registration.

Contact us

Fake invoices

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.

 

More information and examples of fake invoices

 

Our advice: don't pay. Please contact us is you have any doubts.

NLO Shieldmark wins Award ‘Benelux - Firm of the Year for Trade Mark Prosecution’

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.