A complete guide on Cancellation of a registered Trademark
October 13, 2022
Trademark Cancellation: How to Cancel the Trademark Application in India? And Forms for Cancellation of a registered Trademark
Table of Content
India’s trademark laws are governed by the Trademarks Act, 1999. Every trademark must be registered with the Registrar of Trademarks in order to be used legally and validly. Trademark cancellation involves removing the mark from the Trademark registrar’s records. Therefore, the Registrar is informed when it has to be modified, withdrawn, or cancelled. In this article information on “How to Cancel the Trademark Application in India?”, an entity that can apply for Cancellation of a Trademark, Forms for Cancellation of a registered Trademark, and terms for cancelling a registered trademark are mentioned.
About Cancellation of a Registered Trademark
A registered trademark maybe cancelled through a legal process in which a party who feels wrong information or due to any other reason wants to have the trademark removed from the registry. Rules for trademark removal are covered in Section 47 of the Trademark Act.
A Trademark maybe cancelled for two main reasons:
- If the trademark holder registered the identification mark without having any genuine intention of using it.
- Not utilizing the trademark for five years after the precise date of registration or for three months prior to the application date for registration.
Entity that can apply for Cancellation of Trademark
- Anyone who feels wrong information at the time of registration of a trademark maybe request for cancellation.
- If a trademark is no longer registered, that is, if it is not renewed after ten years from the date of registration, the Registrar of Trademarks may also cancel it on his own.
- The registered proprietor may request the removal of the trademark from the register under Section 58 of the Trademark Act.
Terms for cancellation of a registered Trademark
A person who feels they have been wronged can ask to have their trademark cancelled either before or after five years of registration.
If a trademark is cancelled within five years:
- Misleading the population
- Confuses employees within the company
- Too much detail
- No information is more than a geographical description
- Not defended for at least three years by the applicant
After five years, a trademark maybe cancelled if:
- The brand is become overly generic (commonly used)
- If the owner registered using false information
- The logo features inappropriate elements
- It is derogatory.
Forms for Cancellation of a registered Trademark
The Trademarks Rules provide forms that must be submitted to the Registrar for cancellation. These cancellation submission forms are sent with the application to the Registrar. There are two types:
- Form TM-O: This document is used to request the cancellation of a trademark for the reasons outlined in Sections 47 and 57 of the Trademark Act.
- Form TM-U: This is the application form for requests to withdraw a trademark’s registration on the grounds outlined in Section 50 of the Trademark Act.
How to Cancel the Trademark Application in India?
If the applicant chooses to withdraw their trademark application voluntarily. It has been submitted online, and the Indian Trademark Registry has recorded its status as “withdrawn,” according to the trademark’s registrar.
However, if the Hearing Officer or Trademark Officer declines to approve the Trademark application, such an application may also be withdrawn. The application will not be impacted by the withdrawal, which is viewed as a cancellation.
- The authorities will issue a notice to the involved parties, i.e., the owner of the proprietor of the registered trademark, when the cancellation application is made to either the Registrar or the Appellate Board.
- Before the Registrar, the involved parties may submit counter statements in opposition to the application.
- Both parties are given the opportunity to present their defences, and it is their responsibility to do so.
- Both sides have the right to provide supporting documentation, and their claims will be heard.
- The order will be issued following a thorough hearing and examination of the supporting documentation provided by both parties.
- If the Registrar issues a cancellation order based on the cases put before him, he must carry it out by deleting the trademark from his register.
- It is possible to appeal the Registrar’s decision before the Appellate Board.
- If the application is directly before the Appellate Board, they shall adhere to the same process as civil court cases.
- The procedure used in civil court is comparable to that used by the Registrar of Trademarks.
- If the Appellate Board issued a cancellation order, notice of the cancellation of the trademark must be given to the Registrar.
- The decision made by the Appellate Board maybe challenged in a writ petition to the High Court.
The subject Trademark legislation also provides for cancellation of the trademark application, and the authority held accountable is also represented by their procedural rules. When requesting such a cancellation, the applicant could do so either through the trademark registration process or through an appeals to board application.
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