Trademark Non-use Cancellation
The removal of any registered trademark from the Register of Trade Marks, based on the non-use of the trademark during 5 years after its registration and 3 months prior to the date of filing the registration application, in relation to the goods or products specified in the registration application, is termed as the trademark non-use cancellation in India, and also in countries abroad. Such a case may also be called as the removal of a trademark from the register based on non-usage. This enlightening webpage contains very useful and securing information about the removal of any registered trademark from the Indian Trademarks Register based on non-use of the mark in connection with the goods or products stipulated in the application.
The Section 47 of the Indian Trade Marks Act of 1999 deals exclusively with the cancellation or removal of any registered trademark from the Register of Trade Marks solely based on the ground of non-usage of the trademark in connection with the specified goods or products, for the given time limit. Summarily, any registered trademark is vulnerable to such cancellation or removal, if it is subject to any of the following two conditions or situations:
- If a trademark has not been used in commerce of all those classes of goods or products which have been specified in the registration application, after or prior to its registration.
- If the registered trademark has not been in commercial use in relation to any of the classes of goods or products specified in the registration application, during five years after its registration or during three months prior to the date of filing the application.
Removal from Trademarks Register Due to Non-Use
Any aggrieved person or company suffering from unfair and adverse effects caused by the presence of the impugned trademark in the register, may file the application for cancellation/rectification in the register or for removal from the register, based on any of the above-noted specific cases. However, the applicant who filed any such application would have to submit solid and convincing evidences in support of his claims and application filed. Here, it must also be noted that, any such applications may also be filed by the owner of the registered trademark to keep himself safe from such disputes in future. Additionally, maintaining evidences of usage of the registered trademark in all the classes of goods and products concerned, is also very securing to the owner of any registered trademark.
The application for rectification in the register of trademarks, or for removal of any registered trademark from the register, is to be filed with the concerned zonal Registrar of Trade Marks or with the Intellectual Property Appellate Board (IPAB). For such purposes, the following are the application Forms used:
- Form TM-26 [to be used by an applicant other than the owner of the impugned trademark]. In case of the Collective Marks or Certification Marks, the application form used will be TM-43.
- Form TM-16 [to be used by the owner of any registered trademark].
To advocate for the removal from trademarks register due to non-use of any registered trademark, the applicant will have to prove that the impugned trademark has not been used even in advertisement of the related goods or products ever in 5 years and 3 months.
To receive our brisk and expert services for any rectification in the register of trademarks or for removal of any trademark from the register on ground of non-use, please call over: +91-8800-100-281; or send a mail to: Contact@TrademarksIndia.net for receiving our expert and incisive services against trademark infringement or other trademark disputes in India or abroad.