Trademark Cancellation in India

Overview

In today’s era, Trademarks have become a pillar for businesses and companies for their growth. Although it is not mandatory to get it registered, there are many advantages of a registered trademark. It helps in building brand value and identity and provides legal rights to protect the brand.

And if for any reason someone feels that their trademark is not correct or there is some problem, they can also get it canceled. This article will teach you about Trademark Cancellation in India and its process.

Trademark Cancellation

A legal process in which any registered trademark can be removed from the register is also called Trademark Cancellation. The rules governing the removal of trademarks fall under section 47.

Who can Apply And Whom to Apply For TM Cancellation

• Any aggrieved person 
• Any person interested in the trademark
• Registrar of Trademarks
• Owner of the trademark

Whom to Apply:

The application for cancellation of the trademark is submitted to the registrar of trademark or Appellate Board.

Grounds

• The trademark has not been use for 5 years or more. 
• Owner’s abandoned Trademark
• In violation of the provisions of the TM Act. Registered trademark
• Obscene or scandalous
• Causing confusion or deception
• Common name for goods and services.
• False claim of ownership.
• Similar to a famous trademark.

Required Documents

• Application form for Cancellation
• Supporting evidence 
• Power of Attorney
• Payment proof 
• Certificate of Trademark Registration 

Forms

• Form TM-O – Form of removal of the trademark under sections 47 & 57. 
• Form TM-U – Form of cancellation of the trademark under section 50.

Process

• First, fill out the TM-O or TM-U form, then submit it to the concerned registry office along with the required documents and required fees.
• The trademark owner will then inform about the cancellation proceedings and provide the opportunity to respond.
• Next, submit the supporting evidence during the hearing. 
• After this, be sure to appear at the scheduled hearing on time and present all your arguments and supporting evidence.
• Wait for the decision of the registry if the trademark is cancel. It is remove from the register.

Considered Important Points For Cancellation Petition

• Give details about the petitioner including name, address, and the first use of trademark about goods and products.
• Application date and registration date and date of first use of registered owner’s trademark
• Description of products and services of registered owners and their similarity with the petitioner. 
• Any similarity with the petitioner’s trademark.

Conclusion

Trademark Cancellation in India is a legal process in which a register trademark can be removed from the registration. and any person can apply for this cancellation process.

This process is complicate, So advise you to take the help of an experience trademark lawyer so that this process can made easy and its rules are follow properly.

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