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
Copyright in the Digital World
These days, there is an increased use of smartphones, computers and tablets and multimedia has shown its great influence in our lives. In the digital world, there are several works used by us. Have you thought whose work are we using? Well, none of us have tried to find out the owner of the work […]
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
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
Need for Kashmiri Saffron to get the GI tag
The Kashmiri Saffron has been given geographical indication tag recently from Lieutenant Governor G C Murmu. The acquiring of GI tag is a step ahead in bringing the brand among the list of top ones. The tag has been given for the saffron grown in Kashmir. In this regard, it can be said that the […]
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
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 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
Pharma Companies File 15% of Patents in India
The Indian Pharma industry is primarily known for its Generic Drugs. But recently, to push its value higher in the market, the Indian pharmaceutical industry is investing more in research and development of new drugs along with increasing the potency of the existing ones to move up the value chain. From 2013-2015, out of the […]
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
The Common Law Protection Of Trade Secrets And The Need For A Statue
Introduction: A trade secret is anything you use in your business that gives you an advantage over your competitors. A trade secret can be a recipe, process, formula, strategy, technique or device that your competitors do not know, do not have, and cannot use. With development in technology, as well as the ease of sharing, […]
Read More
X
Download Firm Profile