Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • the mark was declared generic by civil courts
  • non-use of the trademark registration
  • annulment
  • nullity
  • infringement or breach
  • the trademark was obtained in bad faith
  • the registration was obtained using false or inexact information
  • representation of the applicant or the owner of the mark
  • the mark is being contested by owners of a well-known mark
  • if the applicant knew the existence of the mark being contested
  • proprietary rights
  • the mark is descriptive
  • the mark is not distinctive
  • the mark is misleading, deceptive or disparaging
  • the mark is functional
  • breach of copyright
  • notorious or well-known mark
  • protection of armorial bearings, flags and other State emblems
  • registration in the name of the agent or other representative of the proprietor of the mark
  • registered design rights
  • rights in a personal name
  • the mark is generic
  • geographical indication
  • the mark is against public policy or principles of morality
  • if the applicant provided false or inexact information
  • if the applicant, by virtue of its commercial activities, knew that the mark was owned by a third party
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