Revocation of a trademark registration
Revocation is a way of revoking a trademark registration through PRV instead of filing a lawsuit directly through the Patent and Market Court.
The condition for revocation is that the owner of the trademark registration does not oppose the revocation.
PRV publishes new trademark registrations in the Swedish Trademark Gazette so the general public has a chance to oppose the registration. If someone claims they have an established exclusive right to the same trademark, for example.
Anyone who wants to oppose to a registration must do so within three months from the publication date.
If you want to cancel your own trademark registration you can do so by applying for surrender. It is free of charge.
Revocation is aimed at making it easier to revoke trademarks that are no longer in use, among other things.
If the owner agrees to the revocation or does not respond PRV will revoke the registration.
If the owner opposes the revocation the applicant will be informed about this and can ask for the case to be brought before the Patent and Market Court. They will then decide if the trademark should be revoked or not.
The form for revocation can be found in the menu to the left under ”Forms”.
Revocation of a trademark
An application for revocation must be submitted to PRV in at least two copies with appendices. It must include:
- information about the parties,
- a claim for revocation,
- the trademark registration number,
- reasons for revocation.
Office action to owner
The owner of the trademark registration will receive an office action from PRV with a deadline to respond. We inform the owner that the application for revocation may be decided even if they do not respond.
Notification of the office action
Since a decision to revoke a trademark registration can have significant consequences it is important that the owner receives the office action. To ensure that the office action reaches the owner PRV will send a notification.
What happens next
If the owner agrees to the revocation of their trademark registration PRV will revoke the registration. The same will happen if the owner does not oppose to the application for revocation in time.
If the owner opposes to the application for revocation for some of the goods and services PRV can only revoke the registration for the other goods and services, a so-called partial revocation.
If the owner opposes the application for revocation in time - totally or partially - the applicant can ask that the case is brought before the Patent and Market Court. However, if the applicant does not ask for it in time PRV will dismiss the application.
If PRV has revoked a registration the owner can apply for so-called recovery with the Patent and Market Court. The application is submitted to PRV to decide if it is received within the given time, that is within a month from the date of the revocation decision.
If the application has been received within the deadline PRV will transfer the case to the Patent and Market Court. If the application is not received in time, we will dismiss it.
If you believe that a trademark has been wrongfully registered you can oppose to the registration by submitting a letter to PRV within three months from the publication date.