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Write a trademark cancellation petition for a client's abandoned mark
Trademark Cancellation Petition
This is a sample trademark cancellation petition. Please note that this is a sample document and should not be used without the advice of a qualified legal professional. You should consult with a lawyer to ensure that the petition is tailored to your specific circumstances.
Table of Contents
Introduction
Background
Grounds for Cancellation
Relief Sought
Verification
Document
Introduction
This petition is filed by [Your Full Name], a resident of [Your Address], on behalf of [Client Name], a [Client Business Type] with its principal place of business at [Client Address], seeking the cancellation of the trademark registration for the mark [Trademark Name] registered under registration number [Trademark Registration Number] in the name of [Trademark Owner Name].
Background
[Client Name] is the owner of the trademark [Client Trademark Name] for [Client Goods/Services] and has been using this mark in Kenya since [Date].
[Trademark Owner Name] registered the trademark [Trademark Name] for [Trademark Goods/Services] on [Date] under registration number [Trademark Registration Number].
[Client Name] believes that the trademark [Trademark Name] is confusingly similar to its own trademark [Client Trademark Name] and is likely to cause confusion among consumers.
[Client Name] has been using its trademark [Client Trademark Name] in Kenya for [Number] years and has built up a significant reputation for its goods/services.
[Client Name] has evidence to show that the trademark [Trademark Name] has been abandoned by [Trademark Owner Name].
Grounds for Cancellation
The grounds for cancellation of the trademark registration for the mark [Trademark Name] are as follows:
Non-use: The trademark [Trademark Name] has not been used in Kenya for a period of five years immediately preceding the filing of this petition.
Abandonment: The trademark [Trademark Name] has been abandoned by [Trademark Owner Name] as evidenced by [Evidence of Abandonment].
Relief Sought
[Client Name] respectfully requests that the court grant the following relief:
Cancel the trademark registration for the mark [Trademark Name] registered under registration number [Trademark Registration Number] in the name of [Trademark Owner Name].
Award [Client Name] all costs associated with this petition.
Grant any other relief that the court deems just and equitable.
Verification
I, [Your Full Name], being duly sworn, depose and state that I am the petitioner in this matter and that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
Document
IN THE HIGH COURT OF KENYA AT [Court Location]
TRADEMARK CANCELLATION PETITION
[Client Name]
Petitioner
VS
[Trademark Owner Name]
Respondent
PETITION
The Petitioner, [Client Name], a [Client Business Type] with its principal place of business at [Client Address], hereby petitions the Honourable Court for the cancellation of the trademark registration for the mark [Trademark Name] registered under registration number [Trademark Registration Number] in the name of [Trademark Owner Name].
1. INTRODUCTION
1.1 The Petitioner is the owner of the trademark [Client Trademark Name] for [Client Goods/Services] and has been using this mark in Kenya since [Date].
1.2 The Respondent registered the trademark [Trademark Name] for [Trademark Goods/Services] on [Date] under registration number [Trademark Registration Number].
1.3 The Petitioner believes that the trademark [Trademark Name] is confusingly similar to its own trademark [Client Trademark Name] and is likely to cause confusion among consumers.
1.4 The Petitioner has been using its trademark [Client Trademark Name] in Kenya for [Number] years and has built up a significant reputation for its goods/services.
1.5 The Petitioner has evidence to show that the trademark [Trademark Name] has been abandoned by the Respondent.
2. GROUNDS FOR CANCELLATION
2.1 The Petitioner relies on the following grounds for cancellation of the trademark registration for the mark [Trademark Name]:
2.1.1 Non-use: The trademark [Trademark Name] has not been used in Kenya for a period of five years immediately preceding the filing of this petition.
2.1.2 Abandonment: The trademark [Trademark Name] has been abandoned by the Respondent as evidenced by [Evidence of Abandonment].
3. RELIEF SOUGHT
The Petitioner respectfully requests that the court grant the following relief:
3.1 Cancel the trademark registration for the mark [Trademark Name] registered under registration number [Trademark Registration Number] in the name of [Trademark Owner Name].
3.2 Award the Petitioner all costs associated with this petition.
3.3 Grant any other relief that the court deems just and equitable.
4. VERIFICATION
I, [Your Full Name], being duly sworn, depose and state that I am the Petitioner in this matter and that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
Dated this [Date] day of [Month], [Year] at [Location].
[Your Signature]
[Your Full Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Your Advocate's Name]
[Your Advocate's Address]
[Your Advocate's Phone Number]
[Your Advocate's Email Address]
TLDR: This petition seeks the cancellation of the trademark registration for the mark [Trademark Name] on the grounds of non-use and abandonment.
Conclusion: This petition is a sample document and should not be used without the advice of a qualified legal professional. You should consult with a lawyer to ensure that the petition is tailored to your specific circumstances.
Sources:
Case Laws:
[Case Name] ([Case Citation]) - This case dealt with the issue of trademark abandonment and the court held that...
[Case Name] ([Case Citation]) - This case dealt with the issue of trademark non-use and the court held that...
Note: The case laws mentioned above are just examples and may not be directly relevant to your specific case. You should consult with a lawyer to identify the relevant case laws for your case.
Answered by mwakili.com