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Invalidity and revocation

Throughout the life of a Community trade mark, the rights of its proprietor may be revoked or declared invalid. OHIM has exclusive jurisdiction with regard to direct revocation or invalidity applications. Courts in Member States of the European Union, however, may revoke or declare a Community trade mark invalid when the issue is put to them as a counterclaim in an infringement action based on the Community trade mark. The more generic term ‘cancellation’ is used as a general reference to both the revocation and invalidity proceedings.

Application for revocation
An application for revocation is an action filed by third parties, requesting that the rights of the proprietor of the Community trade mark be revoked, because:

• he has failed to put the trade mark to genuine use during the five years following registration or for a period of five consecutive years and there are no proper reasons for non-use; or
• as a consequence of action or lack of action by the proprietor, the Community trade mark has become generic in respect of the goods and services it is registered for
• ; or
• in consequence of the use made of the Community Trade Mark by its proprietor, the Community trade mark is liable to mislead the public.

Applications for revocation of Community trade marks can be filed by fax or by mail using our paper form with reference to the explanatory notes.

Application for a declaration of invalidity This is an action that may be filed by third parties and can be based on two different types of grounds for invalidity: absolute and relative grounds.

A CTM may be declared invalid by invoking absolute grounds in the following cases:

• where the CTM was registered in spite of the existence of one or more absolute grounds for refusal as determined under Art. 7 CTMR
• where the applicant acted in bad faith* when filing the application. This mainly concerns cases where the applicant was pursuing illicit aims in filing the application for the trade mark.

A CTM may be declared invalid by invoking relative grounds in the following cases:

• where the same relative grounds for refusal as determined under Art. 8 CTMR, may be invoked, i.e. the same grounds for which a notice of opposition may be filed
• where another earlier right exists in a Member State which permits the use of the trade mark in question to be prohibited. This concerns, in particular, rights to a name, rights of personal portrayal, copyright and industrial property rights.

Applications for declaration of invalidity of Community trade marks can be filed by fax or by mail using our paper form with reference to the explanatory notes.

Revocation or invalidity request against International Registrations designating the EC
When a revocation or invalidity request is filed against an International Registration designating the EC, any reference in OHIM's cancellation guidelines to Community trade marks must be read to include International Registrations designating the EC.

*The term bad faith is not defined in Community trade mark law. In its case-law, the Cancellation Division has stated, inter alia, that bad faith can be considered to mean “dishonesty which would fall short of the standards of acceptable commercial behaviour” (decision of the Cancellation Division of 10 October 2004, CTM ER No 2386126). In particular it has been held that bad faith is the opposite of good faith, generally implying or involving, but not limited to, actual or constructive fraud, or a design to mislead or deceive another, or any other dishonest motive. Conceptually, bad faith can be understood as a dishonest intention at the time of filing.