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Guided answer
My registered mark may be attacked for non-use, or I want to attack one
A registered mark that is not genuinely used can be removed. The grounds and defences are narrow.
Prove genuine use and explain any gap.
Urgent - a deadline or loss of rights may be close
- The challenger must show the section 47 grounds. You can defeat removal by showing bona fide use on the same or associated goods or services.
- Gather invoices, dated advertising, packaging, website captures, distribution records and sales figures that cover the relevant period.
- Non-use caused by special circumstances in the trade, including legal restrictions, is not treated as a ground for removal. Document any such circumstance.
- Respond within the time stated in the notice and engage an advocate.
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The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.