Trademark Services · Cancellation

Trademark Cancellation clear the register of marks that shouldn't be there.

Filing of trademark cancellation and rectification petitions before the Trade Marks Registry and Intellectual Property Appellate Board — to remove conflicting, unused, or improperly registered marks that are blocking your brand.

Trademark cancellation is the process of removing a registered trademark from the Trade Marks Registry's register — either because the mark was registered in violation of the provisions of the Trade Marks Act, or because the registered owner has not used the mark for a continuous period of five years and three months from the date of registration. Cancellation can be sought by any person aggrieved by the registration — and is one of the most powerful tools available to brand owners who are blocked by a prior registration.

A cancellation petition is filed before the Trade Marks Registry (for inter partes proceedings) or directly before the Intellectual Property Appellate Board. The grounds for cancellation include non-use for five consecutive years, the mark having become a generic term, the registration having been obtained by fraud or misrepresentation, or the mark being identical or deceptively similar to a prior mark that should have precluded registration.

At Beyonte Compliances, we file trademark cancellation petitions on behalf of aggrieved brand owners — and defend registered owners against cancellation petitions filed by third parties. Our team prepares the petition, gathers evidence of non-use or prior rights, and represents clients through the Registry and IPAB proceedings.

What Our Trademark Cancellation Service Covers

Non-Use Cancellation

Filing a cancellation petition on the ground that the registered mark has not been used in India for a continuous period of five years and three months — where the registered owner cannot demonstrate genuine use.

Rectification Petition

Filing a rectification petition before the Trade Marks Registry or IPAB to correct an error in the register or remove a mark registered in breach of the Trade Marks Act.

Prior Rights Cancellation

Cancellation on the ground that the registered mark conflicts with the petitioner's prior rights — including prior registered marks, prior common law rights, or a mark registered abroad with priority.

Fraud & Bad Faith Cancellation

Cancellation on the ground that the mark was registered through fraud, misrepresentation, or bad faith — where the applicant had no bona fide intention to use the mark.

Generic Mark Cancellation

Cancellation on the ground that a registered mark has become generic — the mark is now used by the public as a common name for the goods or services it covers.

Evidence of Non-Use Compilation

Research and compilation of evidence demonstrating that the registered mark has not been used in Indian commerce — through market surveys, online searches, and industry sources.

Cancellation Defence

Defending a registered trademark against a cancellation petition — filing a counter-statement, gathering evidence of genuine use, and representing the registered owner at the Registry or IPAB hearing.

IPAB Appeal & High Court

Advising on and filing appeals from Registry decisions in cancellation proceedings — before the Intellectual Property Appellate Board or the relevant High Court.

Our Process

Grounds Assessment

Reviewing the target registration and assessing the strongest grounds for cancellation — non-use, prior rights, fraud, or registrability defects.

Petition Drafting

Drafting the cancellation petition or rectification application — setting out all grounds with supporting facts and legal arguments.

Evidence Gathering

Compiling evidence of non-use, prior rights, or fraud — including market research, web searches, and third-party affidavits.

Filing & Registry Proceedings

Filing the petition on the IP India portal or before the IPAB — and managing the counter-statement, evidence rounds, and hearing.

Outcome & Appeal

Advising on the Registry's or IPAB's decision — and filing an appeal where the outcome is adverse.

Why It Matters

✓Removes blocking registrations that prevent your trademark from being registered

✓Non-use cancellation clears marks that exist only on paper

✓Prior rights cancellation protects brands with genuine commercial presence

✓Evidence of non-use researched and compiled professionally

✓Cancellation defence — protecting genuine registered marks

✓Registry and IPAB representation in cancellation proceedings

✓High Court appeal support where required

✓Clears the path for your own trademark registration or use

Frequently Asked Questions

A trademark can be cancelled if the registered owner has not used the mark in India in relation to the goods or services for which it is registered for a continuous period of five years and three months preceding the cancellation petition. The burden shifts to the registered owner to demonstrate genuine use.

Any person aggrieved by a trademark registration can file a cancellation petition — including a competitor whose trademark application has been blocked by the registration, a person who has prior rights to the mark, or a consumer organisation where the mark has become generic.

Trademark cancellation proceedings can take 1–4 years depending on the complexity of the case, the forum (Registry or IPAB), the number of adjournments, and whether the matter is contested. An uncontested cancellation can be resolved more quickly.

Yes. A trademark can be cancelled at any time on grounds other than non-use — including fraud, prior rights, and registrability defects. For non-use cancellation, the five-year non-use period must be established from the date of registration.

Clear the register — and clear the path for your brand.

Talk to our trademark team about filing or defending a trademark cancellation petition.