Trademark Removal
A trademark is a legally recognized symbol, logo, or design that distinguishes a product or service in the market, ensuring brand identity and preventing unauthorized use. Businesses rely on trademark registration services to secure intellectual property rights and comply with business regulations. Once registered, a trademark provides legal protection for ten years, with the option to renew indefinitely. Registering a trademark enhances brand protection, strengthens business compliance, and safeguards exclusive rights in the competitive marketplace.
A registered trademark may be removed from the register if any unauthorized modifications or alterations violate the provisions of the Trademark Act. While certain permissible changes are allowed, alterations that affect the core identity of the trademark are strictly prohibited. The Trademark Registry does not permit modifications such as changing the word mark, logo, color specifications, user date, type of trademark, class of trademark, or description of the mark. If sufficient evidence of alteration is found, the Registrar holds the authority to cancel the trademark, leading to potential brand identity loss and legal complications.
- Any error or defect in an entry in the Trademarks Register or any wrongful inclusion may lead to the revocation of trademark registration, impacting brand protection and legal compliance. Errors made by the Trademark Registry can result in financial losses, placing liability on the Registrar. To prevent further issues, the trademark registration may be canceled, ensuring adherence to trademark laws and avoiding potential legal disputes.
The proprietor must file a trademark renewal application under Form 12 with the Trademark Registry to maintain brand protection. If the trademark is not renewed after 10 years, it will be removed from the register. However, as per Section 25(3) of the Trademark Act, the Registrar must issue a renewal notice before removing a trademark. This provision ensures that trademark owners receive a reminder before their protection lapses. If the renewal application and fees are still not submitted after the notice, the Registrar holds the authority to remove the trademark from the register, leading to a loss of rights over the mark.
