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.

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