The revocation of a trade mark  for ‘non use’.

 As the ninth recital of directive 89/104 as amended by directive 2008/95 provides ‘there is no justification for protecting earlier marks except where the marks are actually used. Therefore, the law will not seek to protect a mark which has not been used or put into use within a reasonable period of tie after that mark has been registered.

A trade mark which has not been used can be revoked and removed from the trade mark register. A trade mark can be revoked provided that “within the period of five years following the date of completion of the registration procedure it has not been put to genuine use in the United Kingdom, by the proprietor or with his consent, in relation to the goods or services for which it is registered, and there are no proper reasons for non-use”: section 46(1)(a) of the Trade Mark Act 1994.

Also under section 46(1)(b) a trade mark can be revoked if: “use has been suspended for an uninterrupted period of five years, and there are no proper reasons for non use”.