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Content text TRADEMARK CANCELLATIONS/ RECTIFICATIONS.pptx

TRADEMARK CANCELLATIONS/ RECTIFICATIONS
Cancellation/ Rectification Sections 47 and 57 r/w Rules 97 & 98
What are Cancellations/ Rectifications? Request to remove/cancel/rectify registration already granted from the register Cancellation vs. Rectification? Can be for either one or more classes covered by registration Partial cancellations – only a few goods/ services in one class of registration
PROCEDURE AND TIMELINES BEFORE TMR Filed by Action Timeline Rule Applicant Cancellation application/ petition 97 Respondent Counter statement 2 months 98 r/w 44 Applicant Evidence affidavit in support of Cancellation 2 months 98 r/w 45 Respondent Evidence affidavit in support of Registration 2 months 98 r/w 46 Applicant Evidence affidavit in reply 1 month 98 r/w 47

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