Cancellation of Registered Trademark

Cancellation or Rectification of a registered trademark refers to the process of correcting an error or updating the particulars in the trademark register after the trademark has been registered. This process can be initiated either by the trademark owner or a third party. Cancellation of Registered Trademark can involve removing a wrongly entered trademark, correcting the ownership details, or removing a trademark that is wrongfully remaining on the register.

The grounds for cancellation/ rectification typically include:

  1. Incorrect Details: If there are any errors in the trademark’s details
  2. Non-use: If the trademark has not been used for a continuous period (usually five years), any third party can apply for its removal.
  3. Fraud or Misrepresentation: If the trademark was registered through fraud or a misrepresentation of facts.
  4. Changes in Use: If the trademark has not been used in the manner in which it was originally registered.
  5. Infringement of Existing Rights: If the trademark registration infringes upon the rights of another party, the aggrieved party can file for rectification.

Cancellation of Registered Trademark can be filed either before Trademark Registry or before the Calcutta High Court or High Courts of respective States.

Tag/Links – IPINDIA, Calcutta High Court, Swarupa Ghosh (Advocate, Calcutta High Court)