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Variation or Cancellation of registration as a registered user in India

The Trademark Act, 1999 under Section 50 provides for variation or cancellation of the registration of a registered user/ licensee. The statutory provision under Section 50 confers the power on the Registrar of Trademarks to vary or cancel registration as a registered user on the grounds, among others, that the registered user/ licensee has used the trademark in a manner not in accordance with the agreement, or the proprietor/ user has failed to disclose any material fact for such registration, or that the stipulation in the agreement regarding the quality of goods is not enforced, or that the circumstances have changed since the date of registration, etc. Under the said provision notice and opportunity of hearing is provided before cancellation of registration.

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