Trademark Cancellation
Trademark Cancellation: Remove a Conflicting or Wrongfully Registered Trademark
Trademark Cancellation is the legal process of removing a registered trademark from the Trademark Register. It is used when a trademark has been wrongfully registered, is not being used, or conflicts with an earlier brand. Businesses often file cancellation petitions to protect their identity, stop misuse, or clear the way for their own trademark registration.
If a registered trademark is causing confusion or blocking your brand, cancellation gives you the power to challenge it.
When Trademark Cancellation Is Needed
A cancellation petition may be filed when:
• The registered trademark is not being used for 5 years
• The registration was obtained by fraud or misrepresentation
• The mark was registered despite existing conflicts
• The mark is misleading, deceptive or wrongly approved
• The owner is no longer using the trademark
• The registration blocks your brand’s application
Cancellation helps maintain fairness and prevents illegitimate marks from staying on the register.
Who Can File a Cancellation Petition?
Anyone who is affected can file a cancellation, including:
• Brand owners with similar marks
• Businesses whose applications were blocked
• Companies facing customer confusion
• Individuals claiming prior usage
Your claim must show how the conflicting trademark harms your rights or business.
Grounds for Trademark Cancellation
Common grounds include:
• Non-use of the trademark for a continuous period of 5 years
• Trademark registered without valid intention of use
• Deceptive or misleading nature of the mark
• Confusing similarity with an earlier trademark
• Registration obtained through fraud
• Violation of the Trademark Act provisions
Proper documentation and legal reasoning are essential to support the petition.
Legal Outcome
If the Registrar or IPAB (as applicable) accepts the cancellation petition:
• The trademark is removed from the register
• Conflicting rights are cleared
• You get more clarity for your own brand registration
Frequently Asked Questions
It is a legal request to remove a registered trademark from the Trademark Register.
If the mark is unused for 5 years, wrongly registered, misleading, or conflicting with earlier rights.
Any person or business affected by the registered mark — including owners of similar or prior-used trademarks.
Yes. Non-use for 5 continuous years is a strong ground for cancellation.
Before the Trademark Registry or the appropriate authority depending on the case.