Once you have a registered trade mark you must actively use your trade mark. If you don’t use your trade mark for a period of three years, it can be removed on the grounds of non-use.
Anyone may apply to IP Australia to remove a trade mark due to its non-use.
An example of when someone may request to remove a trade mark is when they have received an objection from IP Australia saying that their trade mark cannot proceed to registration because your trade mark is already registered.
If you receive a notification from IP Australia that someone has requested to remove your trade mark, it’s best to get legal advice before taking any action.
On the other hand, if you receive an objection from IP Australia that another registration is stopping your trade mark from being registered a non-use removal application may be a way of overcoming the objection. Extensive research is required before deciding on whether or not to file a non-use removal application so it‘s best to get legal advice.
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