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Trademark Cancellation

By Anonymous writer - Glossary

A trademark cancellation can be obtained through an action whereby an individual or a government Ministry asks the court to declare either a total or partial cancellation of a claim over industrial property.

The cancellation order can be requested by a Plaintiff in bringing a case or by a Defendant’s counterclaim.

Such an action is provided for under Article L.714-3 of the Intellectual Property Code which states that ‘a trademark registration which does not conform to the provisions of Articles L.711-1 to L.711-4 shall be held to be void and cancelled.’

Thus, a trademark can be held to be void and cancelled if it is against public policy, against societal norms, devoid of any distinctive character, of such a nature as to mistake the public or if it was not available at the time of registration because it infringed on the pre-existing rights of a third party.

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