Even though a trademark’s owner had done a trademark search before the filing, it will be the trademark attorney’s job to provide the legal advice. A trademark might not be used at the moment, but it might be because there is the risk that it could be considered invalid. When does this happen?
Each country has its own specific legislation; however, we will list some of the most common cases to declare the trademark nullity:
If we consider the trademark, we may find:
– Generic Trademark;
– Descriptive Trademarks;
– Speculative Trademarks, piracy;
– Trademarks that affect habits and good costumes or that are contrary to the law;
– Trademarks that are the name or known identification of a persona that is not the applicant (for example nobody can register Madonna or Jennifer Aniston).
Furthermore, it may also happen that a trademark is invalid when the applicant did not fulfill the requirements. It is most likely that the application gets an Office Action to amend those formalities, but if the applicant does not proceed in accordance, the nullity will be declared.
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