The cancellation action due to non-use allows any interested party to request the cancellation of a trademark that is registered but has not been used to identify the protected products or services within the last three (3) years prior to the filing date.
In accordance with the above, whoever is interested in registering a trademark but faces its denial based on a previous trademark precedent, there is the possibility of filing a cancellation action in order to eliminate the trademark precedent. of the refusal and, consequently, achieve the registration of the trademark.
In the present case, our client MOONFARE GMBH made use of the cancellation action against the trademark MOONFIRE as a strategy to ensure the registration of its trademark MOONFARE. Once the procedure was completed, the Trademark Office accepted the cancellation of the MOONFIRE trademark, thus eliminating the precedent barrier and allowing the registration of our client’s trademark.
At Triana, Uribe & Michelsen we are committed to quality work and as a team with our clients, who are our allies, to understand their needs and protect their interests through a tailored service.
If your trademark has been denied in the first instance by opposing brands or trademark precedents and you want to know how to overcome said denial, do not hesitate to contact us at firstname.lastname@example.org to evaluate the trademark situation of your company and your needs.