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The most common absolute ground for invalidation is that the trade mark is descriptive of the registered goods and/or services, or that it is generic for those goods/services, or otherwise non-distinctive and should therefore be free for everyone in that line of trade to use.Relative grounds means that there is an earlier trade mark or earlier right (which does not have to be registered) owned by the applicant with which the registered trade mark would conflict if it were used.
The Tribunal will consider the amendment and tell you if it is clear enough to be accepted. If you surrender your registration before the application for invalidity is filed, you will not be liable for costs.
Remember, misleading insurers to get a cheaper quote may lead to invalid insurance.
The last thing you want when making a claim is to discover that you have invalidated your policy because you didn’t read the small print.
To ensure fairness and transparency of proceedings, it is imperative that any correspondence, including forms, sent to the Tribunal is copied to the other side and contain confirmation that it has been copied.
If parties persistently fail to copy correspondence and documents to the other side, this will be regarded as unreasonable behavior and there may be cost implications at the conclusion of the proceedings.