Web Analytics Made Easy - StatCounter
Home

Can a trade mark be removed in India due to Non-Use or if a trademark is not being used after registration?

Yes, if a registered trademark in India has not been used for a continuous period of five years from the date on which the trade mark is actually entered in the register, it can be removed on an application by third party for rectification or cancellation made in prescribed manner by filing request before Trade Marks Office in India.

As per Section 47(1) of the Trade Marks Ac, 1999 a registered trade mark may be taken off the register in respect of the goods or services in respect of which it is registered on application made in the prescribed manner to the registrar or the appellate Board by any person aggrieved on the ground either—-

(a) that the trade mark was registered without any bona fide intentions on the part of the applicant for registration that it should be used in relation to those goods or service by him or, in a case to which the provisions of section 46 apply, by the company concerned or the registered user, as the case may be and that there has, in fact been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being up to a date three months before the date of the application or

(b) that up to a date three months before the date of the applications a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being.

For more information please contact us at : info@ssrana.com