Hawaii Instructions on Filing a Petition for Revocation of Trade Name, Trademark or Service Mark

• Category: Hawaii Secretary of State - Business Registration - Trade Name Trademark or Service Mark
• State: Hawaii
• Control #: HI-SKU-0999
• Format: PDF

Description

Instructions on Filing a Petition for Revocation of Trade Name, Trademark or Service Mark Hawaii Instructions on Filing a Petition for Revocation of Trade Name, Trademark or Service Mark include two types: 1. Petition for Revocation for Non-Use: This petition is used when an individual or business entity wishes to challenge a trademark or service mark that has not been used for a period of three consecutive years. The petitioner must provide evidence that the owner of the trademark or service mark has not made use of the mark in the course of trade or commerce during the three-year period. 2. Petition for Revocation for Misuse: This petition is used when an individual or business entity wishes to challenge a trademark or service mark that has been misused by the owner. The petitioner must provide evidence that the owner of the trademark or service mark has used the mark in an unauthorized or illegal manner. The petitioner must also provide evidence that the misuse has caused or is likely to cause confusion in the marketplace. To file a petition for revocation of a trade name, trademark or service mark in Hawaii, the petitioner must provide a letter of complaint to the Department of Commerce and Consumer Affairs, Division of Consumer Advocacy. The complaint must include the following information: the petitioner’s name and address, the name of the owner of the trademark or service mark, the date the mark was registered, the type of petition (non-use or misuse), and the evidence of non-use or misuse. The petitioner must also provide a copy of the registration certificate of the mark and a $25 filing fee. Once the petition has been filed, the Department of Commerce and Consumer Affairs will review the petition and issue a decision. If the petition is successful, the registration of the mark will be revoked.

Hawaii Instructions on Filing a Petition for Revocation of Trade Name, Trademark or Service Mark include two types: 1. Petition for Revocation for Non-Use: This petition is used when an individual or business entity wishes to challenge a trademark or service mark that has not been used for a period of three consecutive years. The petitioner must provide evidence that the owner of the trademark or service mark has not made use of the mark in the course of trade or commerce during the three-year period. 2. Petition for Revocation for Misuse: This petition is used when an individual or business entity wishes to challenge a trademark or service mark that has been misused by the owner. The petitioner must provide evidence that the owner of the trademark or service mark has used the mark in an unauthorized or illegal manner. The petitioner must also provide evidence that the misuse has caused or is likely to cause confusion in the marketplace. To file a petition for revocation of a trade name, trademark or service mark in Hawaii, the petitioner must provide a letter of complaint to the Department of Commerce and Consumer Affairs, Division of Consumer Advocacy. The complaint must include the following information: the petitioner’s name and address, the name of the owner of the trademark or service mark, the date the mark was registered, the type of petition (non-use or misuse), and the evidence of non-use or misuse. The petitioner must also provide a copy of the registration certificate of the mark and a $25 filing fee. Once the petition has been filed, the Department of Commerce and Consumer Affairs will review the petition and issue a decision. If the petition is successful, the registration of the mark will be revoked.