Trademark Removal
A trademark is a recognizable symbol that distinguishes a product or service from others in the market. We often associate specific symbols and colors with a brand or product, underscoring the need to protect its unique identity from potential misuse by others. Trademark protection ensures the preservation of one's intellectual property rights and distinct brand identity. Upon registration, a trademark provides protection for a decade from the grant date. Renewal options allow for an additional ten-year protection period after each term.
The mark shall be removed from the register if any amendments or modifications are made to any registered trademark and they do not follow the rules of the Act. There are certain permissible modifications/alterations that can be made to a trademark post being registered, but changes that alter the core and substantial nature of the mark are not allowed.
Change of word mark, logo and its colour specification, change in user date claimed, change of type of trademark, change in class of trademark and change in the description of the mark shall not be permitted by the registry. If found with enough evidence that the above mentioned changes have been made then the Registrar has the power to cancel the mark altogether.
- Any error or defect in any entry in the Trademarks Register or any entry wrongly included in the Trademarks Register shall amount to revocation of the registration of the trademark. At times defaults made by the Registry can amount to a great loss and liability is on the Registrar. In order to further avoid the problems on the mark, the mark's registration gets cancelled.
The proprietor has to file an application for renewal of trademark under form 12 to the Trademark Registry. The trademark shall be removed upon failure of renewal of the mark post 10 years of it being registered. However it is important to note that no trademark shall be removed until the Registrar has served the proprietor a notice of renewal of his trademark which is prescribed under section 25(3) of the Act. This provision mandates the Registry to send a notice to the proprietor before his time of protection is lapsed. Eventually after the notice is served, the renewal application and fees if still not filed then the Registrar shall remove the mark from the register.
