3. Voluntary cancellation of a registered trade mark

The owner of a trade mark may request the cancellation of its registration or any goods or services in relation to its registration at any time pursuant to section 61 of the Act.

Regulation 113(2) of the Regulations sets out the information that must be provided when the owner of a registered trade mark voluntarily requests cancellation of the registration pursuant to section 61 of the Act.

A request for the cancellation of a registered trade mark must be in writing ² and contain the following information:³

1. The owner’s name;
2. If the owner has an agent, the agent’s name;
3. The trade mark’s registration number; and
4. If registration is cancelled in part only, a list of the goods, services or classes for which registration is to be cancelled and a copy of the amended specification.

Where the request to cancel the mark is accepted, the Commissioner will cancel the registration of the mark or any goods or services in relation to the registered mark and notify the owner that this has been done.

Footnotes

² See regulation 113(2)(a) of the Trade Marks Regulations 2003.

³ See regulation 113(2)(c) of the Trade Marks Regulations 2003.