Glossary entry (derived from question below)
Spanish term or phrase:
declaracion de la caducidad de una marca
English translation:
revocation of a trademark
Spanish term
caducidad de una marca
Thanks
3 +4 | revocation of a trademark | Jane Martin |
3 +1 | /total or partial / lapse (defeasance) of a mark | Adrian MM. |
4 | trademark expiration | Francois Boye |
Non-PRO (1): TechLawDC
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Proposed translations
revocation of a trademark
Revocation on grounds of non-use is the legal procedure for removing a registered trade mark from the UK register because the trade mark has not been used in the five years since the trade mark was registered, or for any uninterrupted period of five years and there are no proper reasons for non-use. It is possible to apply to remove the entire registration or just the registration of the mark for some of the goods and/or services.
https://www.gov.uk/government/publications/trade-marks-revoc...
1. A trade mark shall be liable to revocation if, within a continuous period of five years, it has not been put to genuine use in the Member State in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use.
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:...
1. Podrá ser declarada la caducidad de una marca si, dentro de un período ininterrumpido de cinco años, no hubiere sido objeto, en el Estado miembro de que se trate, de un uso efectivo para los productos o servicios para los que esté registrada, y si no existieren causas que justifiquen la falta de uso.
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:...
agree |
neilmac
: Not expiry/expiration in this case....
1 hr
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Thanks Neil
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agree |
philgoddard
3 hrs
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Thanks Phil
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agree |
TechLawDC
: revocation of trademark for non-use
3 hrs
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Thank you.
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neutral |
Robert Carter
: Okay in the case of applying for "declaracion de caducidad" but not "caducidad" by itself, IMO.
4 hrs
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You are right of course, but I think this is the meaning in this particular context.
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agree |
Mary Gardner Hume
9 hrs
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/total or partial / lapse (defeasance) of a mark
There is also a vague chance that the marca is not a trademark but a picture- or wordmark.
AUTOMATIC DEFEASANCE - Trademark Details Status: 602 - Abandoned-Failure To Respond Or Late Response Image for trademark with serial number 87209554 trademarks.justia.com/872/09/automatic-87209554.html
WHEREAS, the vast majority of jurisdictions in the world permit partial non-use cancellation of a trademark registration, but a number of countries and jurisdictions still do not provide for partial non-use cancellation in their trademark laws ....
agree |
Robert Carter
: Yes, we usually talk about a trademark lapsing because of non-renewal. I don't think it can revoke itself. A WIPO link https://www.wipo.int/edocs/lexdocs/laws/en/ad/ad004en.pdf
1 hr
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Yes, thx. That point - self-revocation or self-cancellation in whole or, problematically, in part - was exactly my own doubt and made me raise my (bushy Neanderthal) eyebrows. Proper link: https://iate.europa.eu/search/standard/result/1581001456649/...
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Discussion