Trademark Cancellation Archives

Trademark Cancellation: How to Cancel the Trademark Application in India? And Forms for Cancellation of a registered Trademark Introduction India's trademark laws are governed by the Trademarks Act, 1999. Every trademark must be registered with the Registrar of Trademarks in order to be used legally and validly. Trademark cancellation involves removing the mark from the Trademark registrar's records. Therefore, the Registrar is informed when it has to be modified, withdrawn, or cancelled. In this article information on "How to Cancel the Trademark Application in India?", an entity that can apply for Cancellation of a Trademark, Forms for Cancellation of a registered Trademark, and terms for cancelling a registered trademark are mentioned. About Cancellation of a Registered Trademark A registered trademark maybe cancelled through a legal process in which a party who feels wrong information or due to any other reason wants to have the trademark removed from the registry. Rules for trademark removal are covered in Section 47 of the Trademark Act. A Trademark maybe cancelled for two main reasons: If the trademark holder registered the identification mark without having any genuine intention of using it. Not utilizing the trademark for five years after the precise date of registration or for three months prior to the application date for registration. Entity that can apply for Cancellation of Trademark Anyone who feels wrong information at the time of registration of a trademark maybe request for cancellation. If a trademark is no longer registered, that is, if it is not renewed after ten years from the date of registration, the Registrar of Trademarks may also cancel it on his own. The registered proprietor may request the removal of the trademark from the register under Section 58 of the Trademark Act. Terms for cancellation of a registered Trademark A person who feels they have been wronged can ask to have their trademark cancelled either before or after five years of registration. If a trademark is cancelled within five years: Misleading the population Confuses employees within the company Too much detail No information is more than a geographical description Not defended for at least three years by the applicant After five years, a trademark maybe cancelled if: The brand is become overly generic (commonly used) If the owner registered using false information The logo features inappropriate elements It is derogatory. Forms for Cancellation of a registered Trademark The Trademarks Rules provide forms that must be submitted to the Registrar for cancellation. These cancellation submission forms are sent with the application to the Registrar. There are two types: Form TM-O: This document is used to request the cancellation of a trademark for the reasons outlined in Sections 47 and 57 of the Trademark Act. Form TM-U: This is the application form for requests to withdraw a trademark's registration on the grounds outlined in Section 50 of the Trademark Act. How to Cancel the Trademark Application in India? If the applicant chooses to withdraw their trademark application voluntarily. It has been submitted online, and the Indian Trademark Registry has recorded its status as "withdrawn," according to the trademark's registrar. However, if the Hearing Officer or Trademark Officer declines to approve the Trademark application, such an application may also be withdrawn. The application will not be impacted by the withdrawal, which is viewed as a cancellation. The authorities will issue a notice to the involved parties, i.e., the owner of the proprietor of the registered trademark, when the cancellation application is made to either the Registrar or the Appellate Board. Before the Registrar, the involved parties may submit counter statements in opposition to the application. Both parties are given the opportunity to present their defences, and it is their responsibility to do so. Both sides have the right to provide supporting documentation, and their claims will be heard. The order will be issued following a thorough hearing and examination of the supporting documentation provided by both parties. If the Registrar issues a cancellation order based on the cases put before him, he must carry it out by deleting the trademark from his register. It is possible to appeal the Registrar's decision before the Appellate Board. If the application is directly before the Appellate Board, they shall adhere to the same process as civil court cases. The procedure used in civil court is comparable to that used by the Registrar of Trademarks. If the Appellate Board issued a cancellation order, notice of the cancellation of the trademark must be given to the Registrar. The decision made by the Appellate Board maybe challenged in a writ petition to the High Court. Conclusion The subject Trademark legislation also provides for cancellation of the trademark application, and the authority held accountable is also represented by their procedural rules. When requesting such a cancellation, the applicant could do so either through the trademark registration process or through an appeals to board application.

For Indian Entrepreneur

For Foreign Entrepreneur

Special Entities

Tax Registrations

Other Registration

Returns

Annual Filings

Change Services

Closure

Legal Drafting

Special

Trademark

Copyright

Patent

Designing & Marketing

Blog

A complete guide on Cancellation of a registered Trademark

Hi, Welcome to EbizFiling!

HOME

POLICY

RELATED LINKS

CONNECT WITH US

TOP 3 READS

Annual Compliance Calendar of LLP 2025-26

Role of IEC in International Trade: Future Trends

LLC vs INC : Difference between LLC and INC

Secure Payment Modes

Company Registration in Ontario, Canada
FSSAI Licence Modification
FSSAI License Renewal
Private Limited Company
US payroll services in India
UK Business Outsourcing Process in India
File CRF Form to change Master Data on MCA
Reply to Notice Under Section 148 of Income Tax Act
Reply to Notice u/s 143(2) of Income Tax Act for Scrutiny Assessment
Reply to Intimation Notice under section 245 of Incone Tax Act
Reply to Defective Notice u/s 139(9) of Income Tax Act
Reply to Income Tax Notice u/s 143(1)(A) for Prima Facie Adjustment
Reply to intimation notice of Section 143(1) of Income Tax Act
Reply to Income Tax Notice Under Section 133(6)
Corporate Legal Advice
LEI Code Registration
Employee Background Verification
US Business Solutions and Outsourcing Services in India
LLC Annual Compliances in Wyoming, USA
LLC Annual Compliances in Florida, USA
E-RCMC Registration under EPCES in India
Annual Filing & Bookkeeping & Accounting Service for Partnership Firm
ITIN Registration in the USA
Offshore Staffing Services in India
SEO Services in India
Content Writing Services in India
File Form 10BD Online under Income Tax Act
Annual Filing For Trust in India
Register a company in India from UK
Register a company in India from Germany
Register a company in India from France
Register a company in India from US
LLC Annual Compliances in Delaware, USA
Register a company in India from Canada
Register a company in India from UAE
Register a company in India from Singapore
Register a company in India from Australia
Company Registration in Indiana
Company Registration in California
Company Registration in New Mexico
Company Registration in New York
Company Registration in Texas
Company Registration in Wyoming, USA
Register Company in Florida, USA
Company Registration in Delaware
Annual Filing & Book-keeping & Accounting Service for Proprietorship Firm
Wall Designing
Virtual Office in India
Form 15CA Online Filing – Income Tax
NGO Darpan Registration
Overseas Direct Investment (ODI) through Automatic and Approval Route
HR Hiring and Recruitment Services in India
FLA Return Filing Online to RBI in India
APEDA (RCMC) Registration in India
ROC Annual Compliance for Producer Company
ROC Annual filing for Section 8 Company
ROC Annual filing for Public Limited Company
FCRA Registration Online in India
File Form CSR 1 online
Appeal to CIT- File an Appeal to Commissioner to Income Tax
Reply to Scrutiny Assessment Notice u/s 143(3)
Reply to Income Tax Notice- Know How to Respond to IT Notices
Surrender IEC License Online in India
भारत में कंपनी पंजीकरण / रजिस्ट्रेशन
Drop-Shipping Business in India by Foreigners
OPC Registration in India by an NRI
Company Registration in India- Know how to open a Company in India
Creation of Charge
LLP Registration in India by an NRI
Company Registration in India by an NRI
Right Issue of shares / Right Offerings
Renewal of IEC License
Application for the Extension of Name Reservation
Digital Marketing Services
Company Annual Filings in XBRL filing mode in India
12AA & 12A Registration Process
Trademark Registration / Brand Registration in the USA
Trademark Registration / Brand Registration in UK
Trademark Registration / Brand Registration in Malaysia
Strike Off Company
Payment of TDS return on purchase of property (form 26QB)
Business Advisory Services
Limited Liability Partnership Registration in Mumbai
Limited Liability Partnership
File ROC Form DPT 3 Return of Deposits
Income Tax Returns Filing
ROC Annual Compliance for Pvt Ltd Company
MCA Companies Fresh Start Scheme
LLP Annual Return Filing
MCA LLP Settlement Scheme 2020 (LSS 2020)
DIR 3 E KYC
ISO Certification in India
Run your operations / company in India without any liabilities
Add A Director
Accounting and Compliance Services for Start ups, Small companies, LLP and OPC (Micro Retainership Services)
Foreign Direct Investment through Automatic and Direct Route
Company registration in Bangalore
Apply for FSSAI license or Food license in India
Dormant Company Status Application
Trademark Registration in India
Conversion From Registered Partnership To LLP
Conversion From Registered Partnership To Private Limited Company
Change in Registered Office of LLP
Company Registration in USA
Company Registration in Malaysia
Company Registration in UK
Logo Design Services
Conversion of Private Limited Company to OPC
Opening a Branch in India by a Foreign Company
Nidhi Company Annual Filing
One Person Company (OPC) Registration in Mumbai
IEC Registration in Mumbai
Trademark Registration in Mumbai
Private Limited Company registration in Mumbai
Form GSTR 1
Maharashtra Professional Tax
Premium Retainership Services in India
MicroFinance Company registration
Conversion of Section 8 Company to Private Limited Company
DPIIT Startup Recognition certificate
RBI Form FC-GPR
Charge Registration on property
RBI Form FC-TRS
EPF Registration
PAN Application
Digital Signature
IEC Registration
TAN Application
DIN Application
GST Registration
Nidhi Company
Producer Company
Hindu Undivided Family (HUF), HUF Deed
Sole Proprietorship Firm Registration
Public Limited Company
E-Commerce Business
One Person Company (OPC)
Partnership
Indian Subsidiary
Non Profit Organization
GST Returns
CMA Report Preparation
E-Form Commencement of business certificate(form-20a)
Private Limited Company Registration
Startup Advisory Services
One Person Company (OPC)
Private Limited Company Registration
Income tax section 80g(5) registration
Company Registration Process in India for Foreigner- Know How to Open a Company in India
Secretarial Compliance Services
Search Report ROC
Revival of Struck Off Company
Trademark Watch Services
One Person Company (OPC)
Limited Liability Partnership
GSTR 9C filing by CA- GST Annual Audit due date, GSTR 9C FAQs
Tax Consultancy Services
International Trademark Registration Under Madrid Protocol
Surrender of DIN
Trademark Registration Process
LLP Registration Procedure – copy
LLP Registration Procedure – copy
Online LLP Registration and Complete Procedure
Aadhaar Udyog Online Registration
New Form INC-22A
FIND GST RATE, HSN CODE & SAC CODE
Company Registration in India
Hire Purchase
Contract Manufacturing Agreement
Web Development Agreement
Sole Selling Agreement
Underwriting Agreement
Mortgage Deed
Agreement Appointing A Common Arbitrator
Deed of Wakf-Alal-Aulad
Specific Power of Attorney
Foreign Collaboration Agreement Drafting
Joint Venture Agreement
Non- Disclosure Agreement
Franchise Agreement
Agreement to Sell Business
Vendor’s Agreement
Exclusive Distributorship Agreement
Shareholders Agreement
Consumer Complaint Letter
Power of Attorney
Company Name Change
Appointment of Auditors
Removal/Resignation of Director
GST Cancellation
GST LUT Letter of Undertaking
Conversion from Private Limited Company to Limited Liability Partnership (LLP)
Business Plan Preparation (Project Report)
Book-Keeping & Accounting
Trademark Renewal
Trademark Opposition
Trademark Rectification
Trademark Withdrawal in India
Payroll Setup & Processing
ESI Returns
PF Returns
TDS Returns Revision
Removal of Charge
Modification of Charge
MOA/AOA Printing
MOA/AOA Amendment
IEC Modification
Change of Registered Office Address
OPC to Private Limited Company
Conversion of Sole Proprietorship to OPC
Sole Proprietorship to Partnership firm
Conversion from Proprietorship to LLP
Conversion of Proprietorship to Private Limited Company
Conversion of Public Limited Company to Private Limited Company
Private Limited Company to Public Limited
Conversion of Partnership to Private Limited Company
Conversion of LLP to Private Limited Company
Conversion of Partnership to LLP (Limited Liability partnership)
Del Credere Agreement
Lease deed
TDS Returns
Strike Off OPC
Dissolution of Firms
Strike Off LLP
ESIC Registration
GST Modification
OPC Annual Filing
SSI/MSME/Udyog Aadhar Registration
Share Transfer & Transmission
Change in DIN
Add/Remove a Partner in LLP
LLP Name Change
Change in LLP Agreement
Increase in Authorized Capital
Change in Directorship
Patent Registration
Patent Search
Provisional Patent
Copyright Application
Trademark Assignment
Trademark Objections
Trademark Registration
Trademark Registration – copy
Limited Liability Partnership
Conversion into LLP