Oppositions and appeals
Procedural work (refusal responses, oppositions, appeals)
120 EUR / hour+ VAT
Estimate on request.
Last updated:
Disputes and litigation · Cancellation and revocation
Remove a registered trademark that stands in your way
Revocation and invalidity are the procedures that remove a registered trademark from the register. Revocation targets a mark that hasn't been genuinely used for 5 consecutive years; invalidity targets a mark that should never have been registered, for example because it was filed in bad faith or conflicts with an earlier right. Brand New IP prepares the claim, gathers the evidence and represents you before OSIM, EUIPO or the courts, or defends your mark when it is the one under attack.
We seek invalidity of marks filed in bad faith or over earlier rights and revocation of marks unused for 5 years. And we defend your mark if it is attacked.
Procedural work (refusal responses, oppositions, appeals)120 EUR / hour + VAT
Your first consultation is free.
Who it’s for
This is for you if…
- You want to register a mark, but an old, unused registration is in the way
- Someone registered your brand name before you, in bad faith
- You missed the opposition deadline against a similar mark
- Your own mark is facing a revocation or invalidity claim
What’s included
What we do for you
- Reviewing the target mark: history, owner, signs of use on the market
- Use investigations when we need to show the mark isn't being used
- Choosing the ground: revocation for non-use, or invalidity on absolute or relative grounds
- Drafting the claim and filing it with OSIM, EUIPO or the court
- Defending your mark with evidence of use and arguments
- Negotiating an assignment or voluntary surrender when that's cheaper than the procedure
How it works
The steps, one by one
Step 1: Check the target mark
We look at the registration date, the owner and whatever we can find about how the mark is used on the market.
Step 2: Choose the route
Together we decide whether to seek revocation, invalidity, or try to reach an agreement with the owner first.
Step 3: Claim and evidence
We draft the claim, attach the evidence and file it with the competent authority.
Step 4: Exchange of arguments
The owner replies, usually with evidence of use. We analyse it and respond.
Step 5: Decision
The mark is cancelled in full, in part, or stays on the register. If needed, we appeal.
Typical time: Roughly a few months to over a year
Cancellation and revocation
Revocation or invalidity: which one fits?
Revocation applies when the mark hasn't been genuinely used for the registered goods or services for 5 consecutive years without a proper reason. The owner has to prove use, and the effects usually start from the date of the claim.
Invalidity applies when the mark should never have been registered: it is descriptive or misleading, it was filed in bad faith, or it conflicts with an earlier mark or other right. An invalidated mark is treated as if it never had effect.
In Romania, the claim goes to OSIM or to court depending on the situation. EU trademarks are challenged at EUIPO or by counterclaim before the EU trademark courts.
Costs
What it costs
Official fees are paid to the office (OSIM, EUIPO or WIPO), carry no VAT and may change. Your first consultation is free.
Documents
What we need from you
- Details of the mark you want to challenge, or of your mark under attack
- Evidence of your earlier rights: registrations, use, trade name
- For a defence: evidence of use from the last 5 years (invoices, advertising, dated web pages)
- A power of attorney
Frequently asked questions
Questions about cancellation and revocation
What is trademark revocation?
Revocation means losing the rights in a registered trademark, usually because the owner hasn't genuinely used it for 5 consecutive years for the registered goods or services. Anyone with an interest can apply for revocation at OSIM, at EUIPO or, depending on the case, in court. The owner must prove use; otherwise the mark is cancelled entirely or for the goods that weren't used.
What's the difference between invalidity and revocation?
Invalidity covers grounds that already existed on the filing date: the mark was descriptive, filed in bad faith, or conflicted with an earlier right. It works retroactively, as if the mark had never been registered. Revocation covers what happened after registration, most often 5 years of non-use, and takes effect from the date of the claim or an earlier date set by the authority.
Can I cancel a trademark registered in bad faith?
Yes. If someone filed the mark knowing it belonged to someone else, such as a former distributor or a competitor copying a brand you were already using, you can apply for invalidity on grounds of bad faith. You need to show what the applicant knew when filing: correspondence, contracts, your presence on the market. Having tolerated the mark for years doesn't stop you from relying on bad faith.
What should I do if someone applies to revoke my trademark?
Collect evidence that you used the mark in the last 5 years in the relevant territory, for the registered goods and services. Invoices, catalogues, advertising and dated web pages help most. You need to show real use with some volume and continuity, not a token sale made after you heard about the claim. Send us the notice quickly, because reply deadlines are short.
How long does a cancellation procedure take?
At EUIPO, it can take a year or more, with successive rounds of observations. At OSIM and in court, it depends on the number of hearings and the evidence. Sometimes a letter to the owner settles it within weeks: if they've lost interest in the mark, they may agree to surrender it or assign it to you.
Related services
- Oppositions and appealsWe file oppositions at OSIM and EUIPO against lookalike marks, answer oppositions you receive and take the case further on appeal when needed.
- IP litigationIn-house representation in disputes over trademarks, designs, copyright and unfair competition: infringement, cancellation in court, challenges to OSIM rulings.
- Trademark availability searchWe search the OSIM, EUIPO and WIPO registers for identical and similar marks and give you a written opinion on the risks.
Let’s talk about your trademark.
The first consultation is free. We’ll tell you honestly what can be protected, how and what it costs, before you pay anything.