Sometimes a trademark owner wants to surrender a registration — usually to honour a settlement or coexistence agreement, or for a business reason. Here’s how voluntary cancellation works in India, and the one document you can’t skip.
First, the basics
A trademark registration in India lasts 10 years from the application date, and can be renewed every 10 years, indefinitely. But an owner may choose to voluntarily cancel it — most often because of an agreement with a third party (a settlement or coexistence deal) or another business decision.
How to voluntarily cancel
To cancel a registration voluntarily, the owner files a request with the Trade Marks Registry, with:
- the official fee; and
- an affidavit stating the grounds for seeking cancellation.
The affidavit must be signed, verified and notarised by the owner. A scanned copy suffices for filing.
The affidavit is mandatory. Without it, the Registry won’t process the request — it will issue a scrutiny report asking the owner to file an affidavit setting out the reason for cancellation. So build the affidavit into the filing from the start.
Timeline
Given the Registry’s workload, expect the request for voluntary cancellation to take about 4 to 6 months to be processed.
The takeaways
- Voluntary cancellation is straightforward — a request, the official fee, and a notarised affidavit.
- The affidavit is non-negotiable — no affidavit, no processing (you’ll get a scrutiny report).
- State the grounds — usually a settlement/coexistence agreement or a business decision.
- Plan for 4–6 months at current Registry workloads.
Frequently asked questions
Can I voluntarily cancel my own trademark registration in India? Yes — file a request with the Trade Marks Registry, with the official fee and a notarised affidavit stating the grounds for cancellation.
Is an affidavit required for voluntary cancellation? Yes — it’s mandatory. Without it the Registry won’t process the request and will issue a scrutiny report asking for one.
Why would an owner cancel their own trademark? Usually to comply with a settlement or coexistence agreement with a third party, or for other business reasons.
How long does voluntary cancellation take? About 4 to 6 months at current Registry workloads.
Useful official resources
- The Trade Marks Act, 1999
- Trade Marks Registry — IP India