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Is it possible to cancel a registration?

Yes. A registered mark can be cancelled on these grounds: 

  • Use requirements are not satisfied according to Section VIII.A.
  • Rights in an industrial property
  • Mark is against moral principles or against public policy
  • Use of geographical indication
  • Mark is generic/common
  • Use of a well-known personal name, pseudonym, facsimile or portrait of a person
  • Rights in registered designs
  • Rights in trade names
  • Registration under a representative’s name like an agent’s name
  • Rights in a famous or notorious mark
  • Breach of copyright
  • Mark is functional
  • Mark lacks distinctiveness
  • Mark is misleading the consumers or disparaging to image of other parties
  • Mark is descriptive of the good’s characteristics or intended purpose
  • Proprietary rights

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