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If an unused or invalidly registered trademark is standing in the way of your own brand, our team at Brealant can pursue a revocation or invalidation action with the Intellectual Property Department — or defend your registration if someone challenges yours.
Legal Definition of Trademark Cancellation
Cancellation, covering both revocation for non-use and invalidation on other grounds under the Trade Marks Ordinance (Cap. 559), is a process for removing a registered mark from the Register.
Purpose and Function of Cancellation
It's most commonly used where a mark hasn't been put to genuine use in Hong Kong for a continuous period of 3 years, clearing the way for new applications.
Protecting Your Interests
Whether removing a blocking mark or defending your own registration, evidence of use — or its absence — is central to the outcome.
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Contact
Reach out to Brealant about the blocking registration, or the challenge to your own mark.
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Search
We review the target registration's use history and eligibility for a revocation action.
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Quote
Receive a staged service quote covering each phase of the action.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant lodges the revocation or invalidation application, or the response, with the Intellectual Property Department.
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Wait
The Registry notifies the parties and manages the evidence process, if contested.
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Response
You receive the Registry's decision on whether the mark is removed.
In Hong Kong, a non-use revocation begins with filing an application, which the registered owner can then defend. If contested, both sides file evidence of use, or its absence, before the Registry decides. Understanding the target mark's use history is the clearest way to assess your prospects.
A blocking registration that's genuinely fallen out of use can prevent you from registering, or fully protecting, your own brand. Brealant assesses the target mark's use history carefully before recommending action, so you understand the real prospects of success.
Cancellation is a powerful tool, but it has real limits
Minimum Registration Age
A non-use revocation action generally requires the target registration to be at least 3 years old.
Burden of Proof Shifts
Once contested, the registered owner — not the applicant — carries the burden of proving genuine use.
Discretionary Outcomes
The Registry retains discretion in some circumstances, even where non-use is shown.
Time and Cost
A contested cancellation can take 12 months or longer and involve real professional costs.
Partial Removal Only
The mark may be removed only for some goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely timeline, cost, and prospects before you proceed.
A successful cancellation action protects
Your Path to Registration
Clearing the way for your own application in the same or overlapping classes.
Market Fairness
Removing marks that are no longer genuinely used but still block legitimate new entrants.
Register Accuracy
Keeping the Trade Marks Register reflective of marks that are actually in commercial use.
Your Investment
Protecting your brand strategy from being derailed by a stale, unused registration.
Brealant assesses whether cancellation is the right route before you commit resources to the action.
Cancellation timing depends on whether the action is contested
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Filing the Application
The revocation or invalidation application is lodged with the Intellectual Property Department.
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Notice to the Owner
The Registry notifies the registered owner, who can defend the registration.
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Evidence Exchange
If contested, both sides file evidence of use, or its absence.
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Decision
The Registry decides whether the mark is removed, in full or in part.
An uncontested non-use revocation can resolve in a few months; a contested action more commonly takes 12 months or longer.
Costs scale with whether the action is contested
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The Intellectual Property Department charges an official fee to file a revocation or invalidation application.
Professional fees scale with whether the action is contested and how much evidence is required.
Brealant will assess your matter and quote before filing, so you know what to expect.
Once a blocking mark is removed, Brealant can move straight into clearing and filing your own application, so the opportunity created by the cancellation isn't lost to a competing filer.
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Generally, a continuous period of 3 years' non-use in Hong Kong is the basis for a revocation application, and the registration must be at least 3 years old.
Once a non-use application is filed and defended, the registered owner carries the burden of proving genuine use during the relevant period.
Yes, marks can also be challenged on grounds such as invalidity of the original registration or bad faith in the application.
The mark is removed from the register for the relevant goods/services, clearing the way for new applications covering that same ground.
Yes, the owner can defend the registration and must then prove genuine use of the mark during the relevant period.
Any interested person can apply, though it is typically brought by a business that wants to clear the register of an unused or invalid mark blocking its own application.
Contested cancellation actions can take a year or more from filing to decision, depending on whether evidence rounds and a hearing are needed.
Non-use cancellation targets a mark that was validly registered but hasn't been used for 3 years, while invalidation challenges whether the mark should ever have been registered in the first place, such as for lacking distinctiveness or conflicting with earlier rights.
Yes, a cancellation action can target specific goods or services within a registration rather than the entire mark, where non-use or invalidity applies only to some of them.
Yes, either the applicant or the registered owner can appeal the Registrar's decision to the Court of First Instance.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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