Can a Trademark Be Canceled?

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Trademarks protect intellectual property. That’s something you shouldn’t neglect to do. If you forget this step, someone else might take advantage and utilize what you created for financial gain.


If you get something trademarked, you might be curious whether that can be canceled. If you need to discuss this with experienced trademark lawyers, Melbourne has several that can help you in this area. We’ll also take some time to talk about trademark cancellations right now.   


It’s Possible to Cancel a Trademark in Certain Instances

It is indeed possible to cancel a trademark in some situations. If you’re the individual who holds the trademark, you will be subjected to a trademark cancellation proceeding.


This is a type of legal case that is similar to a civil lawsuit. In these situations, a complainant will have a chance to argue that you should not hold the trademark to something.


Why Would a Judge Revoke a Trademark?

In trademark cancellation proceedings, the complainant is coming forward because they contend that by the defendant holding the trademark, it is detrimental to the complainant. If the complainant convinces the judge of this, the trademark cancellation will move forward. It is usually effective immediately.


When this happens, the aggrieved individual is able to remedy the harm the holding of this trademark caused.


Why Are Trademarks Normally Canceled?

It’s not easy to get a judge to cancel a trademark. To win these cases, the aggrieved individual must usually establish that it should not be within the legal provenance of the current trademark holder to retain it. They might allege that fraud took place. That could be a reason for a judge to cancel a trademark.


In these instances, the aggrieved party must demonstrate that they have some legal claim to the trademark. They must also establish that the person who holds it is unjustly excluding them from profiting. These situations sometimes happen with intellectual property disputes.


Why Else Might a Judge Cancel a Trademark?

A judge might also cancel a trademark because it is too similar to another trademark pertaining to an existing product, service, or concept. This similarity might mean the very existence of the trademark is infringing on the ownership rights afforded by a trademark that predates it.


Usually, when a trademark is granted, research is done to see if that trademark pertains to something already existing and to whom someone else owns the intellectual property rights. Sometimes, though, an existing trademark goes unnoticed for some reason.

If that happens, asking for a trademark cancelation hearing is usually the best way to seek justice.


Trademarks Are Only Canceled for a Good Reason

Trademarks are only granted after a thorough review process, and they are only canceled after a similar proceeding. A judge will give you a respectful hearing if you feel someone else holds a trademark to which you have a legal claim.


If you’re in this situation, though, you’d do well to get a lawyer. You need someone who knows this area of the law.