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 An equitable remedy by which courts call in and annul outstanding void or rescinded instruments because they may either spawn vexatious litigation or cloud someone’s title to property.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. [Blacks Law 8th]