Grounds for invalidating
If the registrant does not file such evidence of use and does not demonstrate truly special circumstances justifying such non-use, the registration will be expunged.
Section 45 proceedings are attractive because they are inexpensive, relatively quick, and place the burden on the registrant to prove its continued entitlement to the registration, rather than the burden being on the attacking party to prove that the registration is invalid. Section 18 of the Another example of non-entitlement is where the registrant was in fact not the person who owned the trademark.
Finally, a defendant in a trademark action may wish to attack a registration being asserted against it, either in defence or by way of counterclaim.
If you have any questions regarding your will or estate plan in general, please call and make an appointment with one of the knowledgeable estate planning attorneys at Schneiders & Associates, L.
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