Trademark Cancellation in India

Last updated on January 25th, 2025 at 12:07 pm

Canceling a Trademark means to remove it from the book of the registrar. So, when you want to cancel you need to appeal the file to the registrar to cancel the Trademark.

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 the trademark cancellation process in India.

Trademark Cancellation Consultants, Call Now: +91 93143-21001

Trademark Cancellation

A legal process in which any registered trademark can be removed from the registry and it is also known as trademark rectification. The rules governing the removal of trademarks fall under section 47.

Who can apply

• 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.

Trademark Cancellation Documents Required

• Application form for Cancellation

• Supporting evidence 

• Power of Attorney

• Payment proof 

• Certificate of Trademark Registration 

Forms of Trademark Cancellation

• 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.

Trademark Cancellation 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 be informed about the cancellation proceedings and provided 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.

Consultant for Trademark Cancellation

If you want, your registered trademark to get canceled yes, it will be canceled. The process may be difficult but don’t worry our expert team help you to cancel your Trademark. Also for further inquiries, you can consult with A Star Legal Associates.

Trademark Cancellation Consultants, Call Now: +91 93143-21001

Conclusion

Trademark Registration Cancellation Online 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.

FAQ:

What is Trademark Cancelation?

Trademark cancellation is a process in which a company or individual applies to cancel the registered trademark from the registry.

What is the process of cancellation of a Trademark

To cancel the trademark you need to fill the TM-P form to the registrar to cancel the Trademark.

What is the cost of canceling a Trademark?

The cost of canceling a Trademark includes a government fee + attorney fee.

Time period for Trademark cancellation

6-8 months.

Can we ® symbol when cancelation of a trademark is in process

No, you cannot use the ® symbol when your Trademark cancellation is in process. You can only use the ™ symbol when your cancelation file is in process. After the cancelation process is completed, you can’t use any symbol.