In India, a trademark can be removed under two scenarios.
1.If the trademark is not used for the period of 5 years from the actual date of its registration or not used for 3 months preceding to the time of application registration, in reference to the product or products laid out.
2.If the trademark is registered without any intention of actually using the mark.
Any aggrieved person can file a petition in a prescribed manner seeking rectification or cancellation of the mark before the Trademark Registry Office or Intellectual Property Appellate Board (IPAB). In this article, you will learn about the rectification/cancellation of a registered trademark in India.
Cancellation of a registered trademark is a legal procedure in which an aggrieved person or party seeks to remove a registered trademark from the registry. There are certain conditions for Trademark. Section 47 of the Trademark Act deals with rules of removing trademark.
An aggrieved person can request for trademark cancellation either within 5 years of trademark registration or after 5 years of registration.
After hearing the plea by giving equal opportunity to the concerned parties, they may remove, cancel, or rectify the trademark entry in the registry.
Yes, the decision of the Registrar of TradeMarks is appealable before the IPAB. The Trade Marks Act does not provide for any appeal against the order of IPAB. However, a writ petition is maintainable before the jurisdictional High Court. It is heard by the Division Bench of the Court, but in Delhi High Court, it is addressed by Single Judge Bench.