Skip to main content

What Do You Need To Know About Cancellation Of A Registered Trademark?

Brands have to register their trademarks in order to have protection and rights over them. However, there also can arise a situation where you have to seek a trademark Consultants where a trademark needs to be canceled. Canceling a trademark is not only useful for removing unused trademarks from the register but also helps in resolving trademark conflicts.

Trademark cancellation – what is this?

Cancellation of a trademark is a process that involves removing a registered trademark from the Register of Trademarks. There may be some scenarios where a mark can be registered wrongly or remain wrongly within the register which has to be done before the deciding authority by the party goes for claiming. It is also applicable where the mark may not be in use for a specific period of time. In these cases, trademark cancellation is applicable, which is as per section 47 of the Trade Mark Act, 1999. This act gives two procedures which are the cancellation of trademarks and the rectification of trademarks.

Who is able to raise a petition for cancellation procedures?

You can get the support of a trademark expert and proceed to the cancellation of a trademark if:

●      You are a person impacted by someone having an upcoming mark just similar to you

●      Can proceed with the procedures if feels wrong information to be contained at the registration of a trademark.

●      If a trademark is not registered or not renewed after the validity of a period of 10 years, the Registrar of Trademarks voluntarily cancels it on his own.

●      The cancellation trademark procedure can be raised if an individual finds the mark creates confusion with any existing trademark.

Under Section 58, a proprietor has the right to cancel his trademark registration either in full or in part by canceling certain classes in which the trademark registration is done. Moreover, under Section 50 (1)(b), a registered trademark user can file an application regarding canceling his/her registration as a registered user of such a trademark.

Comments

Post a Comment

Popular posts from this blog

How Does Trademark Registration Help Your E-commerce Business To Be Unique?

Although trademark registration is not compulsory for e-commerce businesses, we strongly recommend your online business apply for registration and obtain the intellectual rights. With people showing more and more interest in buying goods from online platforms, applying and gaining a trademark ensures that your e-commerce business is competitive. If you like to have the most benefits from registering the trademark from the hands of experts, Muthirai is here to help you. Is it mandatory to register an e-commerce seller/business? Commencing an online business is becoming a dream for most since this is the world of online buying and selling. The huge growth of the e-commerce industry allures businesses to do so. E-commerce business refers to the buying and selling of products and services through the internet. It is true that the trademark registration process is not mandatory for e-commerce businesses. Yet, in order to keep the brand safe, and be protected against copying and duplicat...
Post a Comment
Read more

Trademark Vs. Copyright – Which Is The Most Right Solution For Your Business?

No matter the size of a business, it is very important to protect intellectual property . However, a probable question that occupies most minds is whether I should seek a trademark expert for it or copyright it. This is confusing; yet, the differences between them are very obvious. Copyright It is the protection related to original works of authorship such as literary, musical, dramatic, artistic , and other types of intellectual works. Although the copyright term may appear to be the same as a trademark, the intended use of it is very different. Those who hold the copyright will have their exclusive rights to reproduce the work, create derivative works, distribute, or perform it publicly. To put it simply, copyright is the protection of your own creations. Trademark Which makes it an ideal situation to look for a trademark specialist? A trademark refers to a name, word, phrase, or logo that identifies goods or services and differentiates them from the competition. Though it ...
Post a Comment
Read more

Trademark Vs. Copyright – Which Is The Most Right Solution For Your Business?

No matter the size of a business, it is very important to protect intellectual property . However, a probable question that occupies most minds is whether I should seek a trademark expert for it or copyright it. This is confusing; yet, the differences between them are very obvious. Copyright It is the protection related to original works of authorship such as literary, musical, dramatic, artistic , and other types of intellectual works. Although the copyright term may appear to be the same as a trademark, the intended use of it is very different. Those who hold the copyright will have their exclusive rights to reproduce the work, create derivative works, distribute, or perform it publicly. To put it simply, copyright is the protection of your own creations. Trademark Which makes it an ideal situation to look for a trademark specialist? A trademark refers to a name, word, phrase, or logo that identifies goods or services and differentiates them from the competition. Though it doesn’t ...
Post a Comment
Read more