Trademark 

Cancellation Service

File your trademark cancellation starting at just ₹ 4499/-

Trusted by businesses for secure cancellation of registered trademark with Ebizfiling

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Trademark Cancellation Service

About Our Service

What Is Trademark Cancellation in India?

Trademark cancellation in India is a legal process used to remove a registered trademark from the official register. It is governed mainly by Sections 47 and 57 of the Trade Marks Act, 1999.

 

An aggrieved person can apply for cancellation of a registered trademark if the mark has not been used for a continuous period of 5 years and 3 months or if it was wrongly registered.

 

Applications are filed before the appropriate Trade Marks Registry or the High Court. Official forms and fee details are available on the IP India portal:

https://www.ipindia.gov.in/Trademarks/form_and_fees_tm

 

Who Should Apply for Trademark Cancellation?

  • Competing Businesses: Entities blocked by unused or similar registered trademarks.
  • Aggrieved Applicants: Applicants whose mark was refused due to conflicting registration.
  • Trademark Owners: Proprietors seeking voluntary cancellation of their own mark.
  • Legal Heirs or Successors: Individuals managing inherited or disputed trademarks.

 

Secure-Your-Brand-Through-Cancellation

 

Who Should Apply for Trademark Cancellation?

  • Competing Businesses: Entities blocked by unused or similar registered trademarks.
  • Aggrieved Applicants: Applicants whose mark was refused due to conflicting registration.
  • Trademark Owners: Proprietors seeking voluntary cancellation of their own mark.
  • Legal Heirs or Successors: Individuals managing inherited or disputed trademarks.

 

Why Choose Ebizfiling for Trademark Cancellation?

At Ebizfiling, we examine the registration history and assess valid legal grounds under Section 47 or Section 57 before filing TM-P for cancellation.

 

We prepare affidavits, draft legal grounds, compile evidence, and represent your matter before the Registry until final disposal.

 

📞 Call: 09643203209
📧 Email: info@ebizfiling.com

 

Related Services:

Trademark Cancellation Service Fees

Choose Your Package

ESSENTIAL

4499/-

(All Inclusive)

ENHANCED

6998/-

(All Inclusive)

Advantages of Trademark Cancellation  

Market Clearance

Removes unused or wrongly registered marks blocking your trademark registration.

Legal Protection

Protects business interests against deceptive or unlawfully registered marks.

Competitive Access

Enables registration of similar marks once conflicting entry is removed.

Registry Accuracy

Ensures the trademark register reflects genuine and active marks only.

Strategic Remedy

Provides legal remedy when opposition was not filed earlier.

Voluntary Exit

  • Allows proprietors to cancel their own mark if no longer required.

Documents Required for Trademark Cancellation  

The following documents are required:

  • Trademark registration details

  • TM-P application form

  • Affidavit stating grounds

  • Evidence of non-use if applicable

  • Identity proof of applicant

  • Power of Attorney if filed through agent

Trademark Cancellation Process  

1

Legal Grounds Review

2

TM-P Preparation

3

Evidence Submission

4

Registry Notice

5

Final Order

 How Ebizfiling Works for You 

  • We evaluate whether cancellation of registered trademark is legally sustainable under Section 47 or 57 before filing TM-P.

  • We draft Form TM-P with proper section references, detailed legal grounds, and clear justification for cancellation.

  • We prepare affidavits, compile supporting evidence, and organize documentation required for Registry review.

  • We monitor registry notices, handle counter-statements, and manage procedural responses effectively.

  • We assist you until the final cancellation order is issued and the trademark is officially removed from the register.

FAQ

Frequently Asked Questions on Trademark Cancellation  

Get answers to all your Queries

  • What is trademark cancellation in India?

    Trademark cancellation is a legal process to remove a registered trademark from the official register due to non-use or wrongful registration.

  • Who can file for cancellation of a registered trademark?

    Any aggrieved person whose interests are affected by the registered trademark can apply for cancellation.

  • What is the non-use ground under Section 47?

    If a trademark has not been used for a continuous period of 5 years and 3 months from the date of registration, it can be removed from the register.

  • What is Section 57 used for?

    Section 57 applies when a trademark was wrongly registered or entered in the register without legal validity.

  • Is TM-P required for trademark cancellation?

    Yes, Form TM-P is used for filing cancellation or voluntary removal requests.

  • Can a trademark owner cancel their own mark?

    Yes, voluntary cancellation can be requested by the trademark owner through TM-P filing.

  • How long does cancellation take?

    Voluntary cancellation cases may take around 4 to 6 months, while contested matters may take longer depending on proceedings.

  • What is the difference between cancellation and rectification?

    Cancellation removes the trademark completely, whereas rectification modifies or corrects entries in the register.

  • Where is cancellation filed?

    Cancellation applications are filed before the appropriate Trade Marks Registry or the High Court.

  • Is evidence mandatory for non-use cancellation?

    Yes, supporting evidence such as market searches or affidavits is required to establish non-use.

  • Can cancellation be opposed?

    Yes, the registered proprietor has the right to file a counter-statement and contest the cancellation.

  • What happens after filing TM-P?

    The Registry reviews the application and issues notice to the registered proprietor for response.

  • Does cancellation automatically allow my trademark registration?

    No, cancellation only removes the conflicting mark. Your trademark application must still satisfy registration requirements.

  • Can multiple marks be cancelled together?

    Separate applications are generally required for each trademark.

  • How does Ebizfiling help with trademark cancellation?

    Ebizfiling prepares TM-P filings, drafts grounds, manages registry procedures, and provides support until final resolution.

Reviews

  • Abhijit Chirde

    Abhijit Chirde

    04 Mar 2024

    Ebizfilling team explained every details and supported in compliance fillings. Mr. Rakesh B has been very helpful in getting things done swiftly and efficiently.

  • client review, ebizfiling

    Gunjan Kapoor

    19 Jan 2018

    I was amused when I saw the pro activeness in the staff as they made sure everything was on track and in time.

  • Client review, Ebizfiling

    Jayesh Tejani

    28 Aug 2017

    It is a very professional set up and a really dedicated team. You guys did a great job for my Trademark application in a really short time. All the best to you and your team.

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