cancellation

cancellation, n.

1. The act of defacing or obliterating a writing (as by marking lines across it) with the intention of rendering it void.

2. An annulment or termination of a promise or an obligation. [Cases: Cancellation of Instru-ments 1; Contracts 249. C.J.S. Cancellation of Instruments; Rescission §§ 2–7; Contracts §§ 422, 424, 427–428, 456, 465–466, 484.]

flat cancellation. The cancellation of an insurance policy without any charge to the insured. [Cases: Insurance 1933.]

3. An equitable remedy by which courts call in and annul outstanding void or rescinded instruments because they may either spawn vexatious litigation or cloud someone’s title to property. [Cases: Cancellation of Instruments

1. C.J.S. Cancellation of Instruments; Rescission §§ 2–7.]

4. Trademarks. The removal of a trademark from the Principal Register. • A trademark already on the Principal Register can be challenged by a person who claims to be damaged by the placement. For five years after a mark is allowed, it can be canceled for any reason that would have blocked allowance of the application. After that time, if the owner files a declaration under § 15, the grounds for cancellation are more restricted. See INCONTESTABILITY STATUS. Cf. OPPOSITION. [Cases: Trade Regulation 281. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 150, 188, 191–192.] — cancel, vb. — cancelable, adj.


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