The cancellation of a registered trademark is the removal of a trademark from the registry. In India, the cancellation is applied to the TTAB. This article explains all about trademark cancellation.
Trademark cancellation is the removal of a registered trademark from the official trademark journal. Only when a trademark is canceled, another party can claim to register or use that particular trademark. know how to Cancel a Trademark Application
Where to Apply for the Cancellation of a Trademark
The petition to cancel a trademark is usually argued before the Trademark Trial and Appeal Board (TTAB). Any infringement is litigated in the federal courts.
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Who Can Apply for Cancellation of Trademarks?
- Any person who is affected adversely by the registration of a trademark is said to be an aggrieved person. Any such aggrieved person may apply for the cancelation of the registered trademark.
- If a person is interested in a trademark, he/she can apply for its cancellation.
https://ipindia.gov.in/form-and-fees-tm.htm
- On the expiry of the trademark, the Registrar of Trademarks can cancel if the registered trademarks relating to the goods or services are not registered anymore. In other words, if the expired trademark registration is not renewed after ten years of its registration.
- The registered proprietor can apply for the removal of the trademark from the trademark journal.
Grounds for the Revocation of a Trademark
Some grounds for the cancellation of a registration of trademark as laid down by The Trademark Act, 1999 are
- If the mark confuses the public
- If the mark is registered without a genuine reason to use it
- If the mark is not used for five years from the date of registration.
Process of Cancellation
- Application: The aggrieved person makes an application in the Form TM-O.
- Counterstatement: A counterstatement has to be filed by the registered proprietor within three months of receiving the application. The applicant can file evidence in support of his application, along with shreds of evidence.
- Evidence: The registered proprietor has to file evidence in his favour within two months of receiving the applicant’s affidavit.
- Hearing: The registrar then sends notice of hearing to the aggrieved parties. Such date of hearing shall be one month after the date of such notice.
The Cost of Filing a Cancellation Petition
The fee for applying for TTAB trademark opposition and cancellation differs from state to state in India. As the amount differs from the kind of request and review, which is uncertain. Some kinds of discovery such as depositions require massive preparations for which the attorneys demand a large fee. The attorney’s fee can vary at every stage of the discovery, and trial phase.
TTAB procedures usually are less expensive than trademark litigation in federal courts because:
- There will be no court hearings for which the attorney has to appear personally. An applicant can file for cancellation in writing and submit it online
- There are less frequent discovery depositions in TTAB proceedings than in federal lawsuits
- A simple trademark cancellation generally has lesser stakes as it deals with registration issues. Whereas, a federal lawsuit often deals with trademark infringement or any other forms of damage due to a registered trademark.
Results of a Trademark Cancellation
Your hearings will end with one of the following five results:
- Any challenge to pending registration may be rejected
- The trademark in question may be canceled completely or maybe allowed for usage with certain restrictions
- The rightful owner might be assigned the registration of the trademark
- There is a possibility that dual ownership of the mark will be given. But there will be restrictions and limitations to stop dilution and brand confusion.
The Takeaway
The revocation or cancellation of a registered trademark could seem to be a tedious process. This is where the affordable services of Vakilsearch prove to be useful. The expert legal panel at Vakilsearch can guide you through every stage of the revocation process.
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