When your trademark application is rejected by the justice of the peace, your lawyers will almost certainly need to prepare a statement of reasons for the rejection but what might those reasons be? If you’re a small business owner, you might want to think about obtaining your international trademark invalidated and having your money refunded.
Doing this would allow you to continue operating without fear of legal repercussions and since the government doesn’t have the authority to void a trademark owner’s registration, then it doesn’t have the authority to revoke one as well.
However, this doesn’t mean that you can’t get your international trademark invalidated and have your money refunded; it does, however, mean that you need to get your Invalidation Form filled out and submitted to the government by your next business registration renewal date.
How to get your trademark invalidated and have your money refunded
If you’re the owner of a registered trademark, you can apply to the government to have it removed: The key step is to complete an application and submit it to the Trademark Trial and Appeal Board; the purpose of the TTAB is to investigate and determine whether your registered trademark is valid.
To have your trademark withdrawn, you must file a lawsuit in a state court. There are three stages to doing so: submission of a cross-appeal, submission of a counter appeal, and certification of defeat here are the steps to taking your case to court:
- Make sure you have the proper documents for the case- these may include your registration, your business license, and your income tax return. Be sure to keep those documents accurate and in order.
- Find a realtor who will act as your attorney- while you can request a lawyer from international trademark services make sure to findone with experience in international trademark matters.
- Make a counter-appeal to the court- this will state the reasons you believe your trademark is valid, but the court should issue a ruling within the boundaries of the law.
- If you don’t prevail in your counter-appeal, file written certification of defeat with the court.
- If your trademark is unpublished, check if it’s still listed on the internet. If not, mail a signed copy to the address listed on your application.
- If your international trademark is unpublished, check if it’s still listed on the internet.
Will my trademark be invalidated?
When your registered trademark is removed, you can’t keep using the same name or logo without changing your address or name to reflect the fact that you’re changing your name however if you keep using the old name, you won’t be able to change your address and if your old address is still valid, you can change your name to reflect the fact that you are changing your address.
If your international trademark is published, your address will remain the same where the only difference will be the new name and address.
What happens when my trademark is invalidated?
If your international trademark is published, the first thing that happens is that the government will have to issue a consultation before making a decision on your application and as the head of the Bureau of International Trademark and Switching Rights, the BIRT has the authority to issue general instructions on how the process works.