41.1. What is the effect of cancelling a registration?

Date Published

Cancellation of a trade mark registration results in the cessation of the registration (section 73). Cancelling a registration is done at the request of the registered owner and is voluntary (section 84). A prescribed court can also order that the registration of a trade mark be cancelled (see Part 42 Rectification of the Register).

After cancellation, the owner no longer has the rights given by registration of the trade mark including the exclusive right to use or to authorise the use of the trade mark and the right to seek relief under this Act if the trade mark is infringed (section 20).

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