The Trade Marks and Designs Registration Office of the European Union
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:
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:
A CTM may be declared invalid by invoking relative grounds in the following cases:
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.