Trademark Cancellation
Trademark Cancellation – Overview
Trademark Cancellation is a crucial part of intellectual property law in India, governed by the Trademarks Act, 1999. This legal provision ensures that trademarks are used fairly and continue to serve their purpose effectively in the market.
Whether you are a business owner or an individual, understanding the cancellation process helps safeguard your rights and prevent misuse of registered marks.
What is Trademark Cancellation?
Trademark Cancellation refers to the legal process of removing a registered trademark from the official records of the Registrar of Trademarks. This action can only be initiated under specific circumstances outlined in the Trademarks Act, ensuring that only valid and lawfully used marks remain on record.
At Cardiff Service, our experts assist you with end-to-end Trademark Cancellation services, ensuring compliance with the law and protecting your business interests.
Who Can Apply for Trademark Cancellation?
Any individual or entity affected by a registered trademark has the legal right to apply for its cancellation. This includes:
Aggrieved Persons – Those who suffer due to the continued existence of a trademark.
Interested Parties – Individuals or businesses with a direct vested interest in the validity of the trademark.
Registrar of Trademarks – The Registrar can initiate cancellation if a trademark is not renewed after its initial ten-year registration period.
Registered Proprietors – Under Section 58 of the Trademarks Act, even the trademark owner has the right to file for cancellation.
At Cardiff Service, we provide expert assistance in filing Trademark Cancellation applications, ensuring that the process is legally sound and your rights are fully protected.
Grounds for Trademark Cancellation
The Trademarks Act outlines several valid grounds for seeking the cancellation of a registered trademark under Sections 47, 50, and 57. These include:
Lack of Bona Fide Intent – When a trademark is registered without a genuine intention to use it for the specified goods or services.
Non-Use – If the trademark has not been used in a bona fide manner for five years post-registration.
Deceptive Use – When the way a trademark is used misleads, confuses, or deceives the public.
Material Misrepresentation – If the registration was obtained by providing false or incomplete information, cancellation may be pursued.
Change in Circumstances – If post-registration changes invalidate the trademark’s original purpose, it can be cancelled.
Violation of Conditions – If conditions imposed at the time of registration are breached, cancellation becomes applicable.
At Cardiff Service, we guide businesses and individuals through the trademark cancellation process, ensuring compliance with all legal requirements while protecting your intellectual property rights.
Documents Required for Trademark Cancellation
To cancel a registered trademark under the Indian Trademarks Act, 1999, the following documents are generally required:
Application for Cancellation – The main form submitted to the Intellectual Property Appellate Board (IPAB), including applicant details and reasons for cancellation.
Supporting Evidence – Proof supporting the cancellation request, such as affidavits, documents, or any other relevant materials.
Power of Attorney – If represented by a lawyer or agent, a Power of Attorney must be provided to authorize representation.
Proof of Payment – Receipt or evidence of payment of the prescribed filing fee.
Trademark Registration Certificate – A copy of the trademark registration certificate to confirm its current status.
At Cardiff Service, we assist in compiling and submitting all the necessary documents to ensure a smooth trademark cancellation process with complete compliance.
Procedure for Cancellation
The trademark cancellation process generally involves the following steps:
Filing the Application – Submit the cancellation application to the appropriate authority.
Notice Issuance – A notice is sent to the trademark proprietor and any registered users once the application is filed.
Counter Statements – The trademark owner or concerned parties may file counter statements in response to the cancellation request.
Evidence Submission – Both parties present supporting evidence and arguments during the hearing.
Order Issuance – The Registrar or IPAB reviews the case and issues a decision. If cancellation is approved, the trademark is removed from the register.
Appeal Process – If unsatisfied with the decision, parties may appeal to the IPAB, which follows a civil court-like procedure.
At Cardiff Service, we guide you through each step of the trademark cancellation filing process, ensuring compliance and protecting your business interests.
Frequently Asked Questions
A company name search ensures that your chosen business name is unique, legally compliant, and not already registered with Companies House UK. It helps you avoid legal disputes, trademark issues, and confusion in the Cardiff business market.
If your desired name is already registered, you’ll need to choose a different name or modify it. Using a taken name could result in rejection by Companies House or potential legal issues. Our experts can help you brainstorm alternative names that are compliant and market-ready.
It’s not advisable to use a name that’s too similar to another company, especially within the same industry. Similar names can confuse customers and risk trademark disputes. A company name search helps you identify these risks early.
For a company name search in Cardiff, you may need:
Proposed company name
Business entity type (Ltd, LLP, Partnership, etc.)
Jurisdiction (Cardiff / UK)
Owner or shareholder details (if applicable)
Business description
A “high probability” result means your proposed company name is likely to be available, but further checks are recommended. This is why our detailed Cardiff Company Name Search Report includes both identical and similar names for clarity.
Certain words are restricted under UK law (e.g., “bank,” “insurance,” “government”). If you want to use them, you’ll need special approval from regulatory bodies. We guide you through this process if your Cardiff business requires such terms