In India, a trademark stands fit for removal from the register of trademarks under two scenarios.
If non-use of the trademark has been observed during the time period of 5 years from the day of its registration.
If non-use of a trademark is seen 3 months preceding to the time of registration application filed with regards to date of filing the registration application, in relation to the goods or products specified in the application registered.
A trademark cancellation is a legal proceeding before the Trademark Trial and Appeal Board (TTAB) for removal of the registered trademark from the federal register. A registered trademark is subject to cancellation under certain conditions.
The Section 47 of the Indian Trade Marks Act of 1999 lays down certain conditions on the grounds of which the cancellation of the registered trademark (related to specified product /goods) stands validated from the register of trademarks. You can request for trademark cancellation either within 5 years after registration or after 5 years.
The most common grounds for cancellation if filed within 5 years of the trademark's registration:
The grounds for cancellation when the trademark registered for more than 5 years:
Who can file the petition for trademark cancellation?
Any person whose trading interest affected by the registration of the mark including dilution by tarnishment.
What is contained in the petition for cancellation?
Where can I file cancellation petition?
The petition can be filed at the trademark office where trademark originally registered.
Is the registrar order appealable?
Yes, the appeal can be filed before Intellectual Property Appellate Board within 3 months from the date when the order is communicated.
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