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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.

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