A Complete Guide About the Procedures for Cancellation of Trademark in India

Indian Trademark Law provides the cancellation of a registered trademark. Cancellation of a brand in India is available if a trademark is non-used by the holder. When a registered trademark is not used for an umpteenth period of five years from the date of registration of a brand, it can be eliminated.
Introduction to cancellation of a trademark

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It is a legal process to remove a registered trademark. A registered trademark comes to the matter of removal or cancellation when it is unused for five years from the registration date of a brand. There are specific hedonisms for a trademark. Trademark Act Section 47 negotiates with the rules and regulations of removing trademarks. Removing the trademark is essential as it conserves the business owners’ property.
Eligibility to file for cancellation:
Every judicial action must fulfill the eligibility criteria before attaining the court adaption. Here are the requirements for a registered trademark cancellation-
• One who is oppressed by the registration
• One who has an interest in acquiring the mark that is removed from the register
• One can not file the cancellation anonymously. The owner has to bear the liability of proving their identity
Documentation
The cancellation of a trademark requires specific documents to be filed. The below-mentioned documents are needed to complete the entire purpose:
• Create an application in triplicate on the required form
• A short case statement that describes the facts based on which the case is filed
• There are no court hearings about the cancellation. The applicant needs to file the claim in writing and submit it online.
Cost of Cancellation
The cost of cancellation of a trademark differs from state to state. The cancellation is to be applied to TTAB (The Trademark Trial and Appeal Board) in India. However, TTAB procedures are less expensive than in federal courts. And they have some specific reasons for this fact, which are-
• There are no court hearings for the cancellation of a registered trademark in India
• Frequent discovery dispositions are less in TTIB than in federal courts
The bases for the withdrawal of a registered trademark
There are some mandatory bases for cancelling a registered trademark by The Trademark Act, 1999. They are-
• If the mark is void for five years from the date of registration
• If commons are bemused by the mark
• If the mark is registered without a fruitful reason for use
Forms of Cancellation
The application for removing a registered trademark comes in two forms they are-
1. TM-O Form: According to Section 47 and Section 57, the TM-O Form is to remove a registered trademark.
2. TM-U Form: As stated in Section 50, one can get the application for cancelling a registered trademark by this form.
Conclusion
The Indian Labour Law has intended to rectify the asymmetry between the employers and the workers or employees. Therefore, the workers’ awareness of their rights is highly needed. Without their concern, the goal can not be achieved.

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By John David

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