There are two reasons why a trade mark may be removed from the register. 

The first is that the mark is invalid, for example, because the mark was registered in breach of the absolute grounds for refusal (i.e. because it is non-distinctive). 

The second reason is if the mark is revoked.  There are four grounds for revocation:

(1)   the trade mark has not been used for five years following the date of completion of the registration (non-use);

(2)   use of the trade mark has been suspended for an uninterrupted period of five years (non-use);

(3)   the trade mark has become the ‘common name in the trade’ (i.e. it has become generic of the product it is registered in relation to); or

(4)   the trade mark has been used in a way so that it is liable to mislead the public. 

An application to declare a mark invalid in the UK will be made to the UK Intellectual Property Office via Form TM26(I).  The fee is £200.  The onus for proving a mark is invalid falls on the party making the application.

An application to revoke a trade mark in the UK will be made to the UK Intellectual Property Office via Form TM26 (N) or (O) depending on what ground the application is based on.  The fee is also £200.  The onus for proving that a mark should be revoked falls upon the party seeking revocation of the mark.  If non-use is argued, the onus shifts to the proprietor of the trade mark to show that use has been made of the trade mark.