Things To Know About Cancellation of Registered Trademark

The Trademarks Act, 1999 ("Act") governs trademark-related issues in India. Every trademark must be registered with the Registrar of Trademarks in order to be valid and legitimate. The Registrar's books are cleared when trademarks are cancelled. When it needs to be changed, withdrawn, or cancelled, the Registrar is notified. The Act specifies the cancellation processes, reasons, and methods.

Who Can Apply For Cancellation Of Registered Trademark?

Anyone who has been harmed by a trademark registration can request to have it revoked. 

The individual who is harmed by the trademark is known as an aggrieved person.

A trademark can be cancelled by anybody who is interested in it. Although anybody can apply for it, he can only do so for the reasons specified in the Act.

The Registrar of Trademarks can also revoke it on his own if the trademarks linked to any products or services are no longer registered or renewed after ten years.

The registered proprietor can request that the trademark be removed from the register under Section 58 of the Act.

Grounds For The Cancellation Of Registered Trademark

Section 47, 50 and 57 of theTrademark Act, 1999 lays down the grounds on which a registered trademark can be cancelled. The grounds are as follows:-

• Trademarks are registered alongside products and services without any true desire to utilise them.
• The trademark was not in genuine use for five years after it was registered, and that time has already passed.
• When a trademark is registered, it is utilised in a way that deceives or confuses the public.
• In the application for registration, the proprietor has misled or failed to disclose any substantial information related to it that, if properly revealed, would not support such registration.
• After registration, conditions change, and the registration is invalidated.
• Any individual can register a complaint if a condition in the Register of Trademarks is violated or ignored.

Process For The Cancellation Of Trademark

• When you file a cancellation request with the Registrar or the Appellate Board, they will send a notification to the persons involved,
• When you file a cancellation request with the Registrar or the Appellate Board, they will send a notification to the persons involved.
• Before the Registrar, the affected parties file counter statements to the application. Both parties are given the opportunity to explain their positions. 
• Both sides submit evidence, and their claims are heard.
• The Registrar hears both sides and issues an order based on the evidence submitted by the parties. 
• When a trademark is filed with the Registrar and he issues a cancellation order, the trademark is removed from his register. 
• The Registrar's decision can be challenged in front of the Appellate Board.
• The method followed by the Registrar of Trademarks is comparable to that of a civil court. 
• If the Appellate Board rules in favour of cancellation, the Registrar is notified to cancel the trademark. 
• A writ petition to the High Court can be filed in response to the Appellate Board's decision.

Where To File For Trademark Cancellation?

The Registrar of Trademarks or the Appellate Board receives the cancellation application. The Registrar of Trademarks, whose jurisdiction a trademark registration falls within, is responsible for filing the cancellation application. The Appellate Board for Trademarks in India is the Intellectual Property Appellate Board.

The Boards are located in 5 cities across India: Chennai, Delhi, Mumbai, Kolkata, and Ahmedabad. The Registrar or the Appellate Board receives the cancellation request.

Documents For Cancellation Of Trademark

• An application must be printed three times on the required form.
• A statement of the case describing the nature of the Applicant's interest, the facts that support the case, and the remedy sought.

Fees Required To Submit For Trademark Cancellation or Rectification

For TTAB trademark oppositions and cancellations, there is a cost structure that varies by state in India. During the discovery process, our attorney's costs will become more variable. Due to the unknown quantity of discoveries to seek and review. Some types of discovery, such as depositions, need preparation, implying high attorney expenses. Keep in mind that legal costs might fluctuate significantly during the discovery, motion, and trial phases.

The Trademark Trial and Appeal Board is less costly than trademark litigation in federal courts. The reasons are:-

Because there are no court proceedings, your lawyer will not have to present in person. All filings must be completed in writing and filed electronically.

In TTAB proceedings, discovery depositions are less common than in federal court litigation.

A trademark cancellation, which simply concerns the question of registration, usually has fewer stakes than a federal case. 

It frequently involves trademark infringement and the resulting monetary damages and injunctions.

An average TTAB proceeding moves at a slower pace than a typical federal court case. While both venues are used to time delays, the TTAB is known for taking a long time to resolve even small difficulties.

Consequences Of Trademark Cancellation

• It's possible that your challenge to a pending registration may be denied.
• If cancellation is permitted, the mark may be totally cancelled or its usage restricted.
• The registration of the mark, or a number of separate marks, may be refused if the cause for interference is shown.
• The mark's registration can be transferred to the proper owner.
• Dual ownership of the trademark is possible. 
• There will be constraints and regulations in place to prevent dilution and trademark confusion.

Conclusion

The team of Online legal India not only guides you in the process of trademark registration but also with the service of trademark cancellation. You can get the best services at an affordable cost. The service providers have been in this field for years and have satisfied many clients with their work.

Online legal India stays with you not only at the time of registration but until your problem is solved.