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
3D Printing and IPR
The three-dimensional or 3D printing service is different from the traditional way of manufacturing. In the 3D process, objects are created layer wise to get the desired three dimensional impacts. Since the inception of this latest idea in 1980s, it has gone through several changes in the technology used. This requires use of different production […]
Read More
Drug Patents and Generic Pharmaceutical Drugs
When a drug is manufactured and released to the market in the initial period, it is sold under a certain brand names and can only be availed from a pharmacy after being prescribed by the doctor. The patent of the drug is owned by a few brands who are the only eligible brands to manufacture […]
Read More
Domain Name Disputes in India
Domain Name As Trademarks A domain name which is unique, capable of identifying itself and distinguishing its goods and services from those of others and acts as a reliable source identifier of concerned goods and services on the internet may be registered as a trademark. Domain Name Disputes A domain name dispute would arise when […]
Read More
Intellectual Property and its Role in the Pharmaceutical Industry
Intellectual property rights are considered to be an important asset of any corporate unit. It is an indication of the creation of mind and the work that makes one entity different from the other. With better IP or intellectual rights, it would be easy to promote the possible innovations and this would be useful in […]
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
Protection of Acronyms under Trademark Law
It is known that acronyms are the first letters of a long phrase of words combined together. On the other hand, trademark is about a mark that shall help distinguish the product or service of goods or service from the rest of the items. Therefore, it can be said that an acronym can be registered […]
Read More
The Big Push to Reform Music Copyright for the Digital Age
Music creators of the present digital age should be aware of the copyright issues better due to different reasons. Music is made available on different websites, and it is necessary to prevent the increasing problem of infringement. Pertaining to this, a number of bills are proposed in Congress that can enhance royalty payment for the […]
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
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
Fluid Trademarks
Fluid mark is often thought of as a conventional mark which can be converted to a living form with some specific representation. In other words, fluid trademark is a modern method of branding that shall help achieve success easily in this digital era. As per the name, the mark tends to change with time. This […]
Read More
X
Download Firm Profile