Nullification assessment

Nullification proceedings are concerned with the declaration of invalidity of a trademark registration. The party taking this action believes that the registered trademark does not meet the legal requirements because, for example, it is totally descriptive of the products or services for which protection has been obtained, or because it actually belongs to someone else and has therefore been filed in bad faith.

In the Benelux, only the courts are authorised to take a decision in an action of this type. A lawyer must therefore always be engaged to represent you in nullification proceedings of this type. Arnold + Siedsma has its own IP-specialist lawyers in-house, so we can easily offer you efficient and vigorous assistance in an action of this type.

At European level, a procedure of this type is conducted through the European Trademark Office. Our experience in conducting procedures through this office gives us an edge when it comes to safeguarding your interests in a situation like this.

In the case of foreign registrations, we call upon our global partner network to obtain advice and conduct possible nullification proceedings abroad. However, we remain involved in the case and provide you with regular status updates.