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How To Cancel Trademark Registration Process?

By Author: Monika Sharma
Total Articles: 5

The Indian Trademark Act gives cancellation and amendment of the trademarks. The situations under which your trademark can be dropped will present under Section 47 of the Trademark Act, 1999.

In India, a trademark stands fit for expulsion from the register of trademarks under two situations.

Trademark Cancellation

In the event that non-utilization of the trademark has been seen amid the era of 5 years from the day of its registration.

Trademark Opposition

In the event that non-utilization of a trademark is seen 3 months going before to the season of registration application recorded with respect to the date of documenting the registration application, in connection to the merchandise or items indicated in the application registered.

What is Trademark Cancellation?

A trademark cancellation is a legitimate continuing before the Trademark Trial and Appeal Board (TTAB) for the expulsion of the registered trademark from the government register. A registered trademark is liable to cancellation under specific conditions.

What is the reason for Trademark Cancellation?

The Section 47 of the Indian Trade Marks Act of 1999 sets out specific conditions on the grounds of which the cancellation of the registered trademark (identified with determined item/merchandise) stands approved from the register of trademarks. You can ask for trademark cancellation either inside 5 years after registration or following 5 years.

Related Trademark Classes

Trademark Cancellation Within 5 years

The most widely recognized justification for cancellation if documented inside 5 long stretches of the trademark's registration:

trademark is probably going to mistake for the business

trademark is of such nature as to bamboozle people in general

trademark is engaging in nature

trademark has not safeguarded in something like 3 years (relinquishment of the stamp)

trademark that is simply a surname, geologically enlightening

Trademark Cancellation After 5 years

The justification for cancellation when the trademark registered for over 5 years:

the trademark winds up normal (Generic Trademark)

the trademark contains the shocking or vulgar issue

fake registration of the trademark

the trademark is practical

the trademark is demonizing

Basic information required while applying for Trademark Cancellation:

Who can file the petition for trademark cancellation?

Any person whose trading interest affected by the registration of the mark including dilution by tarnishment.

What is contained in the petition for cancellation?

The caption of the parties
Factual background
Grounds for cancellation
Relief
Where can I file a cancellation petition?

The petition can be filed at the trademark office where trademark originally registered.

Is the registrar order appealable?

Yes, the appeal can be filed before the Intellectual Property Appellate Board within 3 months from the date when the order is communicated.

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