This article discusses the non-use cancellation action concerning
international registrations, including requesting for a non-use
cancellation action against others, and responding to a non-use
cancellation filed by others.
- Request for a non-use cancellation action
It is available for any entity or individual to initiate a
non-use cancellation action against a registered mark three years
after its approval of registration. There is no time limit to
request a non-use cancellation.
For national registrations, a request for cancellation on the
ground of non-use for three consecutive years should be filed three
years after the date of registration publication.
While a request for cancellation of a registered international
trademark on the ground of non-use for three consecutive years
should be filed three years after the expiration of the 12 or 18
months period of refusal. Where an international trademark is
under the procedure of review for refusal or under
