Meaning and Scope

• Cancellation of trademark registration refers to the removal or invalidation of a registered trademark from the Trade Marks Register.
  
• It may be initiated by a third party or the Registrar if certain conditions are met.
  
• The process ensures that only valid, used, and lawfully registered trademarks remain protected.
  
• Cancellation leads to the loss of exclusive rights associated with the trademark.
  

Grounds for Cancellation

• The trademark has not been used for a continuous period of five years from the date of registration.
  
• The registration was obtained by fraud, misrepresentation, or error.
  
• The trademark is likely to cause confusion, deception, or infringement of existing rights.
  
• The mark has become generic or is no longer capable of distinguishing goods or services.
  
• The trademark is contrary to public policy or morality, or violates legal restrictions.
  

Who Can Apply for Cancellation

• Any aggrieved person, such as a prior user, competitor, or affected party.
  
• The Registrar of Trade Marks on their own motion if the entry is found to be wrongly made.
  
• Entities that believe the trademark affects their commercial or legal interests.
  
• The registered proprietor in case of voluntary cancellation or error correction.
  

Procedure for Filing

• The application for cancellation is filed using Form TM-O.
  
• It is submitted before the Registrar of Trade Marks or the Intellectual Property Division of the High Court, depending on the case.
  
• The application must clearly state the grounds of cancellation and include supporting evidence.
  
• The registered owner is notified and given an opportunity to submit a counter-statement and participate in hearings.
  

Consequences of Cancellation

• The trademark is removed from the register, and the registration rights are terminated.
  
• The owner can no longer enforce rights, license, or renew the trademark.
  
• The mark becomes available for registration by others, subject to legal review.
  
• Cancellation ensures that the trademark register remains accurate, valid, and enforceable.