[IP] Trademark Mischief-Makers

In this digital age, market players are afforded various means of discovering and analysing the use and profitability of certain trademarks. This has led to instances where some market players opt to register similar trademarks in order to capitalise on their commercial value. More often than not, these registrations are pursued without regard to the rights of the true owner of the trademarks. More so when the true owners themselves take no steps to protect their exclusive rights by registering their marks.

Fortunately, not all is lost. There are legal mechanisms available to the aggrieved trademark owners. A registered trademark may be revoked by the Registrar¹ or by Courts on the grounds of 'non-use'.² Moreover, it can also be invalidated on the grounds that it was registered in breach of Section 23 of the Trademarks Act 2019.³