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ARTICLE · 15 JANUARY 2018

Cancellation Of A Registered Trade Mark

A registered trade mark is valid for 10 years from the date of application.

IndiaIntellectual Property
N. Mahabir
N. Mahabir
  1. A registered trade mark is valid for 10 years from the date of application.  It can be renewed thereafter for every 10 years. It is open for cancellation anytime during its validity.
  1. A registered trade mark is open for cancellation on the application of a person aggrieved if the mark has not been put to commercial use for a period of five years from the date of registration.  The important point is that it is after the registration date and not the date of application.  This is not automatic but only on a petition being filed for cancellation.
  1. A registered trade mark is open for cancellation on the application of a person aggrieved if the mark is wrongly registered or wrongly remaining of the trade mark register.  The person aggrieved is required to show that the mark was registered in contravention of the Trade Mark Act or any other law.  Further, the applicant can show that a mark though validly registered has for the change in circumstances become

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