Invalidation is the legal procedure that allows anyone to try and remove a registered trade mark from our register. You may apply to remove the entire registration, or only some of the goods or services it covers.
If you start invalidation proceedings, you become the 'applicant’ in the case.
The main reasons why you may want to invalidate, or partly invalidate, the registration of a trade mark are:
- you think the trade mark is one which is not unique to the proprietor and should be free for you (or anyone) in that line of trade to use; or
- you own a trade mark (which does not have to be registered itself) which is the same as, or similar to, the proprietor’s trade mark.
Do you wish to start invalidation proceedings?
You should consider getting professional advice before you decide anything.
- a form TM26(I) 'Application to declare invalid a registration or a protected international trade mark (UK)'.and statement of grounds by fax or post; and
- a fee of £200 (and FS2 fee sheet)
Intellectual Property Office
- Invalidating a trade mark FAQs (pdf 149Kb)
- Invalidation guidance following the filing of a Notice of Defence (pdf 40Kb)
- TM26(I) Application to declare invalid a registration or a protected international trade mark (UK) (whole form) (pdf 309Kb)
- Form FS2 (standard fee sheet including fax filing) (pdf 126Kb)