Trademarks in India are registered under the Trademarks Act,1999 (“Act”). The Trademarks Rules, 2017 (“Rules”) lays down the procedures and rules relating to trademarks. A proprietor (trademark owner) can get his trademark registered under the Act. The registration is valid for ten years. If the registration is not renewed, it gets expired. The proprietor can also cancel his registration by an application to the Trademarks Office. Voluntary cancellation of a trademark takes place when the proprietor makes an application to cancel his trademark.
Cancellation By Proprietor
A proprietor can cancel the registration of his trademark voluntarily on several occasions. It may be due to an agreement entered into between the proprietor and third party or due to any business decision taken by the proprietor.
The proprietor can file an application under Section 58 of the Act to the Registrar of Trademarks (“Registrar”) for cancelling his trademark. The Registrar may on receipt of such application, cancel the entry of trademark from the register of trademarks.
Every registered trademark is valid for ten years from the date of its registration. The proprietor should file an application with the prescribed fee to the Registrar for its renewal within the expiry period of ten years. If the application is not filled for its renewal, the Registrar shall send a notice to the proprietor for obtaining renewal before six months of its expiration. If the proprietor fails to submit a renewal application, the registration of his trademark gets cancelled.
Procedure For Cancellation
The proprietor has to file the application Form TM-P to the Registrar for cancellation of registration of a Trademark along with the prescribed fee. An accompanying affidavit stating the grounds of voluntary cancellation of a registered trademark is sent along with the application. The affidavit is to be signed and verified by the proprietor. If the affidavit is not filed, the Registrar will issue a scrutiny notice to the proprietor to file an affidavit stating the reasons for cancellation of his trademark. It usually takes four to six months to process the voluntary cancellation application by the Trademarks Office.
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