A trademark will be liable to revocation if:
The revocation procedure begins with the filing of an application before the Registrar. The Registrar then notifies the Applicant to proceed with the filing of evidence to support the revocation action within a two-month period. The Registrar then forwards the application and supporting evidence to the trademark Proprietor, requesting his or her observations within a further two-month period. The trademark Proprietor will have to furnish the Applicant with copies of his or her observations. If the Applicant chooses to not submit any observations, then the Registrar will decide the action on the basis of the evidence before it. If the Proprietor chooses to proceed, the Applicant has the opportunity to file observations in reply. After this stage, the revocation procedure is deemed to be completed and the Registrar will proceed with the issuance of its decision.
However, no revocation action will be successful in cases where the Proprietor proves that there is reasonable cause for the lack of genuine use of the trademark or if, after the expiration of the five-year period, but before the filing of the revocation application, a genuine use of the trademark has commenced or resumed. However, the commencement or resumption of a genuine use of the trademark within three months before the filing of the revocation application will not be taken into account if the preparatory actions for the commencement or resumption of the genuine use of the trademark took place after the Proprietor was informed that there was a possibility for the filing of a revocation application.
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As published in The Trademarks Law Review, 6th Edition by Agis Charalambous. The full article can be found here.
The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you see professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Agis Charalambous, Head of Intellectual Property Department, Nicosia by telephone at +35722447777 or by email at email@example.com