The Registrar of Trademarks (RoT) can remove a registered trademark logo from the register regarding the goods or services of the Trademark's owner company. However, the applicant must, in such case of Trademark Removal, register such complaints on the application made to the Registrar or the Appellate Board by someone aggrieved on the following grounds:
Reasons for Trademark Logo Removal
Non-seriousness of the Trademark Logo Proprietor
The RoT registers a trademark without any bona fide intention on the applicant's part. Therefore, the company or the applicant doesn't use the Trademark in relation to those goods or services. Also, there has been no bona fide use of the Trademark by any proprietor up to a date three months before the date of the application.
Trademark Logo ran into its Expiration
Three months before the date of the application, if a period of five years from the trademark registration or longer had elapsed. During this period, the RoT must register the Trademark and no bona fide trademark use in relation to those goods or services by any proprietor.
Exceptions to the Logo Removal procedure
The exception to the trademark removal is where the RoT permits the applicant to register an identical or nearly resembling trademark. This is in respect of the goods or services in question of the proprietor. Also, the tribunal can refuse an application concerning any goods or services. But the RoT can show the refusal that there has been before the relevant date or during the relevant period. For showcasing the bonafide use of the Trademark by any proprietor about the following:
- Goods or Services of the same description
- Goods or Services associated with those goods or services in respect of which the Trademark is registered
Cases where Trademark Logo Removal is not applicable
In relation to any goods or services for which the ROT registers a trademark:
Non Usage of the Trademark Logo
Certain circumstances are shown to exist regarding the non-use of the Trademark about goods to be sold
Trademark Logos used for Export
Also, trademarks otherwise traded in a particular place in India or exported to a particular market outside India
Particular Services
Services for use in a particular place in India or use in a particular market outside India
Authority permitted Logo
When the Authority permits a person to register an identical or nearly resembling trademark in respect of those goods
Exported Goods
Traded in, or in relation to the exported goods
Foreign Use of the Logo
In relation to services for use or available for acceptance in that place or for use in that country
Appellate Board approved Trademark Logo
The tribunal thinks that the Appellate Board or Registrar permits the applicant to register a trademark on the application
Tribunal Imposition
The tribunal may impose on the registration of the first-mentioned trade mark such limitations as it thinks proper for securing that registration
Dormant Trademark Logos
An applicant cannot rely on any non-use of a Trademark shown due to exceptional trade circumstances. This includes restrictions on using the Trademark in India imposed by any law or regulation. Also, there is no intention not to use the Trademark of such goods or services to which the application relates.
If you want to know more about the Trademark Logo registration process or Trademark Logo Registration fees in India, then connect with the Trademark experts at Registrationwala.
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