Opposition, Revocation and Invalidity Proceedings
Opposition
Opposition is a proceeding brought by a third party after publication and before registration. Candidates must know the grounds available (relative grounds such as earlier marks, and absolute grounds such as descriptiveness), the time limits, and the burden of proof. Traps include confusing opposition with revocation, or assuming that opposition can be brought after registration.
Revocation
Revocation applies to a registered mark. The main grounds are non-use, use in a form that misleads, and use that has become generic. The burden is on the proprietor to prove genuine use during the relevant period. Traps include forgetting that the five-year period is calculated from the date of registration, and that use must be in the territory and for the registered goods.
Invalidity
Invalidity attacks the validity of the registration itself, typically on absolute or relative grounds that existed at the time of registration. Know the difference between invalidity and revocation: invalidity is retrospective, revocation is prospective. Traps include assuming that a mark that has acquired distinctiveness can never be invalidated, or that acquiescence has no effect.
Worked example
A proprietor has not used its mark for six years. A competitor may seek revocation on grounds of non-use. The proprietor must prove genuine use in the five-year period before the application, or show proper reasons for non-use. Rule of thumb: opposition challenges registration; revocation challenges continued use; invalidity challenges the original validity.