[vc_row][vc_column][vc_column_text]
Trademark cancellation due to non-use
[/vc_column_text][us_separator][vc_column_text]The registration of a trademark not only grants rights, but also obligations. Among the latter are the correct use of the trademark, the non-monopolization of the market to which the trademark is directed, the use of the trademark in accordance with the basic standards of morality and good customs, and the non-infringement of third party rights, among others. In this sense and in accordance with use, the Trademark and Other Distinctive Signs Law (Law No. 7978) establishes that in the event of non-use of a registered trademark, any person with a legitimate interest could request its cancellation, alleging what is called lack of use. However, it is not enough to have an interest in requesting cancellation due to lack of use; a series of requirements must also be met in order to request cancellation. These are: 1. That the trademark has not been used in the market within a period of five (5) years, counted from the date of registration. 2. That the trademark has not been marketed or promoted in the country within the specified period. 3. Use of the trademark after five years from its registration prevents cancellation due to non-use. In the cancellation process due to non-use, the burden of proof falls on the person requesting cancellation; that is, the applicant must demonstrate that the trademark has not been used in the market during the period and therefore demonstrate that cancellation is admissible. However, the trademark owner may claim that the non-use was due to the exceptions established by law, for example, when the non-use is due to import restrictions, official requirements, or government restrictions, among other cases, in which case cancellation due to lack of use will not be admissible because it was due to factors external to the trademark owner. Cancellation due to non-use may also be requested as a defense against an objection, opposition, or declaration of invalidity of the trademark. It is, therefore, an effective process for the defense of trademark rights, as well as a legal way to force the owners of said rights to use the trademarks in the market and make effective use of them for the benefit of the consumer.
