Voluntary Cancellation of Trademark Registration

Dec 2022

Trademark registration is a timely affair for 10 years, and it is registered as per the Trademark Act, 1999. There are certain rules and laws pertaining to trademarking a symbol for a brand. A proprietor can get a symbol, phrase of the word, or equivalent trademarked to be used for the brand. But there are prerequisites for the same and it can help accomplish smooth trademark registration.

It is not a good idea to ignore trademark registration as it protection for intellectual property rights. After the period is over, one should renew it to avoid its expiry. However, this is also a chance of trademark cancellation, and the owner has to approach the trademark’s office for the same. The proprietor has to start by applying for cancellation.

Things to consider for cancellation of trademark registration

The proprietor has to cancel the registration voluntarily, and there are several reasons. It can be either an agreement or a sudden decision o the part of the business owner. However, the proprietor should file an application as per the rules of Section 58 of the Act relating to the Registrar of the trademark. In this case, the registrar would cancel the trademark that you have opted for registration.

What is the process for cancellation?

• The proprietor of the business need to file an application and request for the cancellation of the trademark • It should be addressed to the Indian trademark office • One needs to pay certain fee along with details of the reasons for opting for cancellation of trademark registration • The details of the reason should be signed by trademark owner and it should be notarized • The reason for cancellation is considered as a must option to process the cancellation smoothly • In such a case, the authority would ask for a scrutiny report pertaining to the registration cancellation

Cancellation of registered trademark

Once a trademark is registered and it is not involved in any commercial use for a period of five years as calculated from the date of registration, the higher authority can right away cancel the trademark. If a trademark is wrongly registered and used, it can also get cancelled.

The proceedings aimed at the cancellation of any registered trademark are considered as the original proceeding. So, it requires filing an affidavit, which should be true in all respects. If any inconsistency of factors observed, it will be rejected, and it may take even longer than expected. Try to produce valid documents that would not create any doubt by higher authorities at the time of the cancellation of the trademark.

However, any person can request for registered trademark cancellation without having sufficient cause for the same. The cancellation is filed in the name of the Appellate board, where the higher authority will scrutinize it before it is considered suitable for processing the cancellation request. The person applying for the same should produce suitable documents in support of their act to the higher authorities for quick and smooth processing of the request of cancellation.

Trending Blogs
Trademarking surnames
Having difficult surnames may be challenging to explain others and also when you want to register the name as trademark. As per the trademark and merchandise act of 1958, it is stated that a mark can be refused if one choose a personal name or surname. Though, there is no such clear specification in the […]
Read More
Color Trademarks in the Pharmaceutical Industry
The trademarks are vital part of company goods or service and with help of trademark; the consumers are able to identify the business better. Before deciding the correct trademark option for pharmaceutical industry, it is necessary to check for its existence. If any similar one is already present in the trademark database, it is better […]
Read More
Evaluation Intellectual Property Rights
Intellectual property has always existed since the dawn of time but there were no laws in place for their protection. Intellectual property is intangible asset, be it music, creative writing, arts, discoveries, inventions and development of unique words, symbols and artwork. Intellectual property rights is a generic term that covers copyright, industrial design, trade secrets, […]
Read More
Intellectual Property Glance
The discussion on intellectual property starts with distributing it into three categories for the same of convenience and clarity. The product of intellectual efforts: The product of intellectual effort could be tangible or intangible encompassing such outcomes as literary creations, artistic creations, books, music, song, dance, drama, sculpture, paintings and even computer programs. It must […]
Read More
An Overview of Copyright
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]
Read More
The Clash Of Jurisdiction Of CCI And TRAI
Overlapping Jurisdiction The Competition Act, 2002 read with section 18 of the legislation delegates to the Competition Commission of India (the “CCI”) the duty of “promoting and sustaining competition” in the Indian economy. This implies that the CCI will have principal jurisdiction to regulate conditions of competition in the relevant market of India. Whereas, Section […]
Read More
Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.
This is a case of a Delhi High court ex parte proceeding concerning trademark dilution. The plaintiff filed a suit seeking a permanent injunction, damages and to restrain them from passing off their products as that of the plaintiff. The plaintiff also pleaded the court to restrain the defendants from using the mark ‘KINLEY’ and […]
Read More
Protection Folklores India Intellectual Property Rights
India is a land of diversity when it comes to folk and ethnic culture with hundreds of ethnic, linguistic and religious groups with diverse origins and lifestyles that, over time, intermingled in part and remained untouched in parts over centuries. Perception about folklore differs in India, mainly associated with tribals and simple rural people, rather […]
Read More
Intellectual Property Rights in the Era of Counterfeit Goods
The industry of counterfeited products has taken shape due to the desire of customers to get hands-on high quality item at reasonable rates. They have great satisfaction in this and this is where the counterfeited goods are made available in the market. Different world markets are full of counterfeited products ranging from cosmetics, electronics, footwear, […]
Read More
Copyright Issues Involving Music
For a music composer, lyricist, a producer, or any performer, protecting music is a big concern under the U.S. copyright protection laws. By copyright, it indicates legal protection that is offered to the original work of music of the creator from others to use it by their name. The copyright law shall prevent others from […]
Read More
X
Download Firm Profile