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Sunday, 11 February 2007


The Trade Marks Registry has issued a Practice Notice (the first of 2007) confirming, but not altering, the correct practice with regard to revocation actions under s.46 of the Trade Marks Act 1994.
For once, the early bird doesn't catch the worm
The gist of it is that, in order for there to be a revocation, the mark in question must have not been used for five complete years. This means that the revocation will only be operative the day AFTER those five years have elapsed. Many applications for revocation incorrectly endeavour to have the mark revoked on the final day of the five year period, but this is a day too early.

The IPKat acknowledges that this is the correct approach, and it’s worthwhile to publicise it, but he wonders how often the extra day makes a practical difference.

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