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Write a trademark cancellation petition for a client's abandoned mark

Trademark Cancellation Petition for Abandoned Mark

Table of Contents

1. Introduction

2. Facts of the Case

3. Grounds for Cancellation

4. Relief Sought

5. Conclusion

Introduction

This petition is filed by [Client Name], a [Client's Business] based in [Client's Location], seeking the cancellation of the trademark [Trademark Name] registered under [Trademark Registration Number] in the name of [Trademark Owner]. The petition is based on the grounds that the trademark has been abandoned by the registered owner, as per the provisions of the Trade Marks Act, 2016.

Facts of the Case

• The trademark [Trademark Name] was registered on [Date of Registration] under [Trademark Registration Number] in the name of [Trademark Owner].

• The trademark is for [Goods or Services covered by the trademark].

• The petitioner, [Client Name], is a [Client's Business] based in [Client's Location] and is engaged in the business of [Client's Business Activities].

• The petitioner has been using the mark [Client's Mark] for [Duration of Use] in connection with [Client's Goods or Services].

• The petitioner has evidence to show that the registered owner, [Trademark Owner], has not used the trademark [Trademark Name] in connection with the goods or services for which it is registered for a period of [Duration of Non-Use].

• The petitioner has evidence to show that the registered owner, [Trademark Owner], has no intention to use the trademark [Trademark Name] in the future.

Grounds for Cancellation

The petitioner seeks the cancellation of the trademark [Trademark Name] on the following grounds:

• Abandonment: The registered owner, [Trademark Owner], has abandoned the trademark [Trademark Name] by not using it in connection with the goods or services for which it is registered for a period of three years. This is in accordance with Section 41(1) of the Trade Marks Act, 2016, which states that a registered trademark shall be deemed to be abandoned if the registered proprietor has not used the mark in connection with the goods or services for which it is registered for a continuous period of three years.

• Non-Use: The petitioner has evidence to show that the registered owner, [Trademark Owner], has not used the trademark [Trademark Name] in connection with the goods or services for which it is registered for a period of [Duration of Non-Use]. This is further supported by Section 41(2) of the Trade Marks Act, 2016, which states that a registered trademark shall be deemed to be abandoned if the registered proprietor has not used the mark in connection with the goods or services for which it is registered for a continuous period of three years and has no intention to use the mark in the future.

• Misrepresentation: The registered owner, [Trademark Owner], has misrepresented the use of the trademark [Trademark Name] by claiming to use it when in fact they have not. This is in violation of Section 41(3) of the Trade Marks Act, 2016, which states that a registered trademark shall be deemed to be abandoned if the registered proprietor has misrepresented the use of the mark.

Relief Sought

The petitioner prays for the following relief:

• An order cancelling the trademark [Trademark Name] registered under [Trademark Registration Number] in the name of [Trademark Owner].

• An order directing the Registrar of Trademarks to remove the trademark [Trademark Name] from the Register of Trademarks.

• An order directing the registered owner, [Trademark Owner], to pay the petitioner's costs of this petition.

Conclusion

The petitioner believes that the trademark [Trademark Name] has been abandoned by the registered owner, [Trademark Owner], and that the petitioner is entitled to the relief sought. The petitioner therefore prays that this petition be granted.

Dated this [Date] day of [Month], [Year].

[Client Name]

[Client's Address]

[Client's Contact Information]

[Client's Advocate Name]

[Advocate's Address]

[Advocate's Contact Information]

Note: This is a sample petition and may need to be modified to fit the specific facts of your case. It is recommended that you consult with a qualified legal professional for advice on your specific situation.