Trademark Cancellation / Removal (Post Registration)

Posted By Nitin Agarwal on 16 Jun 2025

Grounds for Cancellation (Section 47 of the Trademarks Act, 1999):

1. Non-use for 5 continuous years from registration.

2. Wrong registration (contrary to law or obtained with bad faith).

3. Genericization: If the mark becomes generic or misleading.

4. Non-renewal: If not renewed after expiry.

Who Can Apply:

• Any aggrieved party or interested person.

Procedure for Cancellation:

1. File Form TM-O

• Purpose: Application for removal or rectification of the trademark.

• Where: Online via IP India website or physically at the Trademark Registry.

2. Attach Supporting Documents:

• Proof of grounds (non-use, confusion, etc.)

• Affidavits, evidence of use/non-use

• Power of attorney (if filed by agent)

3. Hearing and Examination

• Registry sends notice to the trademark holder.

• Both parties can present their case at a hearing.

4. Order by Registrar

• Trademark may be cancelled/removed or the application may be rejected.

• Appeal can be made to the Intellectual Property Appellate Board (IPAB) (now merged with High Courts).

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