Cancellation of a Registered Trade Mark 

Any aggrieved party can solicit to remove the registered trademark from the registry if the registered trademark seems to exactly resemble with the trademark of the defendant. Cancellation of trademark is a lawful procedure and on the basis of several lawful reasons a petition can be filed for the cancellation of the registered mark in a prescribed manned with the trademark registry or the Appellate board for cancellation or rectification as the case may be. Grounds on which a petition can be filed for the cancellation or removal under section 47 of the trademark Act are:

1. Any registered trademark is open for the cancellation or removal if it has not been yet put to use for the continuous period of five years from the date of registration of the mark or if the trademark is registered but has not been put to actual use of the mark or if the registered trademark is not used for the same product under the class for which it has been registered for. The main thing to be considered is that petition to be filed is from the date of registration and not the application date.

2. Trademark petition can be filed and is open for cancellation if the trademark seems to be wrongly registered by breaching the law. But the aggrieved has to present the evidences of the same to prove that the mark was registered wrongly in contravention of the trademark Act. Further the chances for rectification will be provided to proof that the trademark was validly registered but it has become bad due to certain circumstances rather than straightaway passing the notice for cancellation.

3. Earlier there was a law that any aggrieved party has the inherent right to file petition for cancellation of registration which has been done away with. Now if any civil suit is pending the plea for cancellation can only be filed before the Intellectual Property Appellate Board and it should be prima facie satisfied that the mark which is registered is susceptible for cancellation.

4. When the petition is made before the registry or appellate board for the rectification or cancellation of the registered trademark, the evidences and documentation shall be in original and should be filed on proper affidavit duly notarised. The petition will be considered if after cross examinations of the documentation and evidence by the registry or appellate board and they are satisfied that there no such factors exist for casting doubts on the documents or statements made therein.

5. The directions or order or whatever the decisions are passed by the trademark registry it is appealable before the Appellate board.

6. The trademark registry is already piled up with huge cases therefore a petition for cancellation or rectification if made before Appellate board then could be processed in an expeditious manner.

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