Practical guide
How to draft a trademark cancellation request with AI
4 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
The application for invalidity or revocation before the UIBM is an administrative mechanism designed to obtain the removal of a trademark from the register without resorting to ordinary court proceedings. Pursuant to art. 184-bis c.p.i., this procedure allows legitimate parties to challenge the validity or standing of a registered sign. Its primary function is to clear the register of trademarks that lack statutory requirements or are not in use, optimizing time and costs compared to civil litigation. This procedure provides a rapid and effective alternative for protecting competition and industrial property rights, simplifying the IP protection system in Italy.
In brief
The application for trademark invalidity or revocation before UIBM, pursuant to art. 184-bis c.p.i., provides an administrative alternative to civil litigation. The procedure distinguishes between invalidity under art. 25 c.p.i. and revocation under art. 26 c.p.i. Applicants must establish standing under art. 184-ter c.p.i. AI support facilitates drafting legal grounds. The burden of proving genuine use lies with the respondent per art. 184-septies c.p.i. Filing requires a 500 euro fee. UIBM decisions are appealable before the Board of Appeals within sixty days.
The steps
- 1.
Identification of the trademark and verification of standing
Before proceeding, it is necessary to identify precisely the challenged trademark, verifying its data in the UIBM database. It is essential to ascertain the applicant's standing pursuant to art. 184-ter c.p.i., distinguishing between anyone who has an interest in grounds of absolute invalidity and the holders of prior rights in relative ones. A thorough preliminary verification prevents the immediate rejection of the application for lack of standing or legal interest.
- 2.
Choice of action between invalidity and revocation
The practitioner must correctly qualify the claim, choosing between invalidity under art. 25 c.p.i. and revocation under art. 26 c.p.i. based on non-use or genericization. Pursuant to art. 24 c.p.i., revocation for non-use may be requested if the trademark has not been put to genuine use within five years of registration, unless such use was initiated or resumed prior to filing the application (without prejudice to the three-month suspicion period under art. 24, paragraph 3, c.p.i.). The distinction is essential, as the factual prerequisites and supporting evidence differ significantly depending on the grounds invoked.
- 3.
Drafting the grounds and the statement of facts
The application must set forth a clear narrative of the factual and legal grounds justifying the request for total or partial cancellation of the trademark. It is necessary to detail why the challenged trademark conflicts with prior rights or lacks the statutory requirements of distinctive character, lawfulness, or novelty. A precise statement enables the Office to frame the issues properly and allows the opposing party to exercise fully its right of defense.
- 4.
Preparation of supporting documentation and evidence
While evidence supporting the grounds of invalidity must be provided by the applicant, the burden of proving genuine use lies with the trademark owner (respondent) pursuant to art. 184-septies, paragraph 4, c.p.i. The applicant is not required to prove non-use, but must submit documentation establishing the existence of prior rights or the lack of statutory requirements. The completeness of the documentation is critical, as proceedings before the UIBM are conducted primarily on a documentary basis.
- 5.
Payment of fees and electronic filing
The procedure is completed by paying the prescribed official fees (500 euros) and submitting the filing electronically through the UIBM portal. The applicant must ensure that the PagoPA payment receipt is properly attached to prevent the application from being declared inadmissible. The filing must comply with the portal's technical specifications, ensuring that all attachments are legible and digitally signed where required.
Legal basis: art. 184-bis c.p.i.art. 184-ter c.p.i.art. 25 c.p.i.art. 26 c.p.i.art. 24 c.p.i.
The template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
Italian Patent and Trademark Office
Formal heading of the document and accurate identification of the trademark details for which cancellation is requested.
Applicant
Full identification of the applicant and the authority of the professional representative assisting them pursuant to art. 184-ter c.p.i.
Challenged trademark
Detailed description of the challenged registration, specifying registration numbers, filing dates, and goods and services classes concerned.
Grounds for invalidity or revocation
Detailed presentation of the factual and legal grounds, based on the lack of validity requirements under art. 25 c.p.i. or grounds for revocation under arts. 24 and 26 c.p.i.
Conclusions
Precise specification of the order requested from the Office regarding the total or partial cancellation of the sign.
Documentation and mandate
List of evidentiary materials, power of attorney, and supporting documents, including receipt of the official fee payment.
Mistakes to avoid
- Incorrect identification of standing under art. 184-ter c.p.i., resulting in the rejection of the application for lack of interest or standing.
- Failure to pay the prescribed official fee (500 euros) prior to filing, rendering the application inadmissible.
- Confusion between absolute and relative grounds of invalidity, leading to the citation of inapplicable legal bases.
- Misallocation of the burden of proof regarding genuine use, failing to consider that such burden rests upon the respondent owner pursuant to art. 184-septies, paragraph 4, c.p.i.
Frequently asked questions
What is the deadline for filing a revocation request for non-use?
The application may be filed after five years have elapsed from registration without genuine use, unless such use was commenced or resumed prior to the application, without prejudice to the three-month suspicion period under art. 24, paragraph 3, c.p.i.
Who can file an absolute invalidity request?
Any person who has a legal interest is entitled to apply under the absolute grounds of invalidity provided for by art. 25 c.p.i., such as conflict with public policy or morality, or lack of distinctive character.
Is it possible to appeal the final decision of the UIBM?
Yes, the final decision issued by the UIBM at the conclusion of the proceedings may be appealed before the Board of Appeals (Commissione dei Ricorsi) within sixty days of notification.
What edit.legal automates
- —Automatic generation of updated statutory references to arts. 184-bis et seq. of the Italian Intellectual Property Code (c.p.i.)
- —Dynamic insertion of trademark details and product classes from the official database
- —Consistency check between the selected grounds of invalidity or revocation and the applicable legal bases
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