5. Removal of the conflicting trade mark

Date Published

This applies only when the conflicting trade mark is a registered trade mark. If the applicant is of the opinion that the conflicting trade mark is not being used and has not been in use for three years (provided it is five years since it was registered), he or she can apply to have the trade mark removed from the Register.  Under the Trade Marks Act 1995, once an attack of this nature has been mounted, the onus is on the owner of the registered trade mark to demonstrate use during the period at issue. Examiners should not suggest such a course of action.