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
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
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
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
Well Known Trademark And Indian Law
What is well-known trademark? As per new Trade Mark Rules 2017, a new procedure has been created that allows the Registrar to proclaim a particular trademark as “well known”. Section 2(1)(zg) Of The Trademark Act, 1999 states that well- known trademark is a mark which has become well known to the section of the public […]
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
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
PTAB Should Not Disapprove Claims on the Grounds of Indefiniteness in IPR
Federal Circuit has disapproved of arguments of claims that show any reason other than anticipation pertaining to party procedures. Federal Circuit has rejected the challenge shown by Samsung Electronics America, Inc. The company challenged that PTAB can disapprove claims that are considered indefinite in IPR. Samsung has been charged on the grounds of infringing U.S. […]
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
Why Are Drug Patents Important Everything You Need to Know?
Before you ask for the importance of patent in the Pharmaceutical world, let us first learn about Patents. After a song is recorder, the song is approached by various music production companies who would like to rent the copyright of the song for marketing purpose and earn profit from it. And patent is almost similar, […]
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
X
Download Firm Profile