section 125 of Trade Marks Act

APPLICATION TO THE INTELLECTUAL PROPERTY APPELLATE BOARD FOR REMOVAL OF REGISTERED TRADEMARK FROM THE TRADE MARK REGISTER /APPLICATION FOR RECTIFICATION OF THE TRADE MARK REGISTER

The Trade Mark is already registered and exists on the trade mark register of the Trade Mark Registry. One wishes to challenge the said registration of trade mark and desires to remove the same from the Trade Mark Register. The civil suit between the parties of infringement/passing off is also pending. This is a precedent of an application to be made to Intellectual Property Appellate Board along with affidavit of an evidence for removal of the trade mark from the register and/or rectification of the register.