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ARTICLE · 26 JANUARY 2021

Trademark Cancellation In India

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Trademark Cancellation or Rectification refers to the process with respect to removal or revocation of a registered trademark from the Register of Trademarks.

IndiaIntellectual Property
Ananyaa Banerjee
Ananyaa Banerjee
Soumya Sehgal
Soumya Sehgal
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Trademark Cancellation or Rectification refers to the process with respect to removal or revocation of a registered trademark from the Register of Trademarks.

Basic Requirements of Filing a Cancellation

An aggrieved person can apply for trademark rectification/cancellation on the grounds of non-use or wrongly remaining on the Register. An application for cancellation/rectification of a registered trademark can be filed before the Trade Marks Registry or the Intellectual Property Appellate Board in the prescribed manner and with the requisite fee. There is no statutory deadline for filing the rectification/cancellation application.

Grounds for Cancellation

Section 47 of the Act- A registered trademark may be taken off the register in respect of the goods or services in respect of which it is registered on the grounds that -

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