Trademark Cancellation — Remove a Registered Mark or Withdraw an Application
Trademark cancellation takes a mark off the register, fully or for some goods. You can cancel your own registration by request under Section 58, or seek removal of someone else’s mark through rectification under Sections 47 and 57. A pending application can be withdrawn or opposed. We pick the right route and file it on the IP India portal.
What it is
“Cancellation” is not one procedure. It covers several different actions under the Trade Marks Act, 1999. Which one you need depends on two questions: whose mark is it, and is it registered yet?
If it is your own registered mark, Section 58(1)(c) lets the registered proprietor ask the Registrar to cancel the entry, and Section 58(1)(d) lets you strike out some goods or services while keeping the rest. The request goes in Form TM-P.
If it is someone else’s registered mark, you cannot simply ask for it to be cancelled. You file for rectification: Section 47 removes a mark that has not been used for five continuous years, and Section 57 cancels an entry made without sufficient cause or wrongly remaining on the register. Before the Registrar, both are filed in Form TM-O. Since the Tribunals Reforms Act, 2021, the alternative forum is the High Court.
If the mark is still only an application, the owner can withdraw it, and a third party can oppose it within four months of its advertisement in the Trade Marks Journal.
Who it applies to
Drop a brand you no longer use
You rebranded or dropped a product line. Say a Faridabad garment exporter renamed its label after a merger. Cancelling the old registration, or narrowing it, keeps the record clean.
Clear a mark that blocks you
Your application was objected to because of an earlier registration. In practice, the cited owner has often shut shop: think of a trading company that stopped operations in 2019 but whose mark still sits on the register. Rectification can clear it.
Pull back your own application
You filed, then found a conflict, or simply no longer need the name. Withdrawing ends it before more money goes in.
Why it matters
Free up your application
Once a cited mark is removed, the objection based on it falls away. A trademark objection resting on a dead registration can then be answered.
Closes out an old licence
Cancelling a registered user entry under Section 50 stops a former licensee from appearing on the register as an authorised user.
Keep the register honest
A registration lasts ten years. Left alone, an unused entry blocks others, and after five years it can be attacked for non-use anyway.
Which cancellation route fits your case
| Situation | Route | Form and government fee (e-filing) |
|---|---|---|
| Cancel your own registered mark, or strike out some goods | Section 58(1)(c) or (d) | TM-P, ₹900 (₹1,000 on paper) |
| Remove another’s mark for five years of non-use | Section 47, rectification | TM-O, ₹2,700 per class (₹3,000 on paper) |
| Cancel another’s mark wrongly on the register | Section 57, rectification | TM-O, ₹2,700 per class (₹3,000 on paper) |
| Stop another’s pending application | Opposition under Section 21 | TM-O, ₹2,700 per class (₹3,000 on paper) |
| Cancel a registered user entry | Section 50(1)(b), (c) or (d) | TM-U, ₹4,500 per mark (₹5,000 on paper) |
| Withdraw your own pending application | Written request to the Registry | No separate fee row in the official schedule |
Here is the catch: Section 47 counts the five years from the date the mark is actually entered on the register, up to three months before you apply, not from the filing date.
Documents required
To cancel your own mark
- Registration certificate or application number
- Board resolution or partners’ authority, for a company or firm
- List of goods to strike out, if cancelling only in part
- Authorisation for the agent filing
To remove another’s mark
- Your application and the examination report citing the mark
- Investigator’s report or market searches showing non-use
- MCA or GST records showing the owner’s business closed
- Proof of your own earlier use, if relevant
To withdraw an application
- Application number and class
- Signed request from the applicant
- Any opposition papers received, if the application is contested
How it works
Pull the register entry
We pull the current status from the IP India portal: owner, classes, registration date, renewal date and any registered users.
Pick the right section
We match your situation to the table above and confirm the grounds. For rectification, we test whether the five-year non-use window has actually run.
Draft, approve, file
We prepare the form, the statement of case and the supporting affidavit, and file on the IP India portal after you approve them.
Follow the case to the order
Simple requests by the owner are processed by the Registry. Contested rectification follows the evidence and hearing steps, and we handle each one.
Timelines
Non-use window
Five continuous years from entry on the register, counted up to three months before the Section 47 application.
Counter-statement
In rectification, the owner files a counter-statement in Form TM-O within two months of receiving the application, extendable by up to one month in total (Rule 98).
Opposition period
An opposition must be filed within four months of the application’s advertisement in the Trade Marks Journal.
What happens if you do nothing
The blocking mark stays
An unused registration keeps blocking your application until someone applies to remove it. The Registry does not clean it up on its own.
Your application is abandoned
If you are opposed and do not file a counter-statement within two months, Section 21(2) treats the application as abandoned.
A lapsed mark still counts for a year
If a mark is removed for non-renewal, Section 26 can treat it as still on the register for one year against new applications, with some exceptions. Within one year of expiry, restoring the mark is still possible.
Frequently asked questions
Can I cancel my own registered trademark?
Yes. Section 58(1)(c) lets the registered proprietor apply to the Registrar to cancel the entry of the mark on the register. The request is filed in Form TM-P, and the official fee is ₹900 when e-filed (₹1,000 on paper). If you only want to drop some goods or services, Section 58(1)(d) lets you strike those out and keep the rest. Once the owner’s authority is signed, the filing is straightforward.
How do I get someone else’s trademark cancelled?
You apply for rectification as a person aggrieved. Section 47 covers removal for five continuous years of non-use, and Section 57 covers entries made without sufficient cause or wrongly remaining on the register. Before the Registrar, both are filed in Form TM-O at ₹2,700 per class when e-filed. You may instead petition the High Court. Your evidence of non-use or wrongful registration decides the outcome, so we start there.
When can a trademark be removed for non-use?
After five continuous years without bona fide use. Under Section 47(1)(b), the period runs from the date the mark is actually entered on the register, up to a date three months before you apply. So a mark registered in March 2022 cannot be attacked for non-use until mid-2027. The owner can defend with proof of genuine use or special circumstances in the trade. We check the dates before you spend anything.
How do I withdraw my trademark application?
You send a written request to the Trade Marks Registry before the mark is registered. The official fee schedule on IP India has no separate fee row for this. Before filing, we confirm you do not need the mark in any class covered by the application. If you plan a new name, we can run a trademark search first so the next application starts on firm ground.
What is the difference between opposition and cancellation?
Opposition stops an application; cancellation removes a registration. You oppose within four months of the mark’s advertisement in the Trade Marks Journal, under Section 21. Once the mark is registered, opposition is no longer possible and you must use rectification under Section 47 or 57. Both use Form TM-O and the same ₹2,700 per class e-filing fee. Watching the Journal lets you act at the cheaper, earlier stage.
Can a registered user’s entry be cancelled?
Yes. Section 50 lets the Registrar cancel a registered user entry on the application of the proprietor or the registered user, or on grounds such as misuse, misrepresentation or changed circumstances. Quality-control terms that are not being enforced are also a ground. The application is filed in Form TM-U at ₹4,500 per mark when e-filed. The proprietor must get a hearing before any cancellation.
What if I do not reply to a rectification application against my mark?
You risk losing the registration. Rule 98 of the Trade Marks Rules, 2017 gives you two months from receipt to file a counter-statement in Form TM-O, with a further period of not more than one month in total. Without it, the Registrar has only the applicant’s case on record. If you are still using the mark, invoices and advertisements usually make a strong defence, and we prepare it in time.
Can a trademark be cancelled for only some goods?
Yes, partial cancellation is common. An owner can strike out goods or services under Section 58(1)(d), filed in Form TM-P at ₹900 when e-filed. In a non-use case, Section 47 can remove the mark only for the goods on which it was not used. You keep protection where you trade. We draft the narrowed list carefully so nothing you sell is lost.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Government fees (e-filing): Form TM-P cancellation or striking out goods under Section 58, ₹900; Form TM-O rectification or opposition, ₹2,700 per class; Form TM-U registered user cancellation, ₹4,500 per mark. Paper filing costs ₹1,000, ₹3,000 and ₹5,000 respectively.
Ready to begin?
Share the application or registration number, and we will tell you which cancellation route fits and what it will cost.