Intellectual PropertyTrademarks

How to Withdraw a Trademark Application in India?

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Do you require assistance in withdrawing your Indian trademark application? If that’s the case, what should you do and when should you begin? Withdrawing a trademark can be a lengthy and difficult process. Before taking any action, it’s critical to understand the various procedures available.

In India, how do you withdraw a trademark application? Approval or rejection of your trademark application can take months or even years. If you want to withdraw your trademark from registration, you must submit your application on time and have it approved as soon as possible. This article will walk you through the entire process, from filing a withdrawal application to getting it approved.

What is a Trademark Application in India?

The details of the conditions of registration and the appointment of Registrars are laid out in Chapter II of the Trade Marks Act 1999. The Controller General of Patents, Designs and Trademarks in India registers trademarks online. The trademarks are valid for ten years, but they may be renewed at any time in accordance with the provisions of this section. Section 25(1) of the Act of 1999 lays down the groundwork for this.

The Controller-General of Patents, Designs, and TradeMarks, as well as the Registrar of Trademarks, are appointed under Section 3(1) of the Act. The Registrar’s powers are defined in Section 4 of the Act.

According to Section 6 of the Act, the Trade Marks Registry maintains a Register of TradeMarks where all trademarks with names, addresses, and other descriptions, as well as other registration issues, are recorded.

The Registrar must classify the goods and services in accordance with the International Classification of goods and services for the purposes of trademark registration before any trademark registration can take place.

The Objective of Trademark Registration in India

It is critical to have a distinctive trademark for one’s business. It not only distinguishes a product from others, but it also distinguishes a product or service from others. The rest of the objectives are listed below:

  1. To begin with, a trademark can be a valuable asset to a company because it generates a lot of goodwill and encourages more purchases.
  2. Second, a registered trademark allows you to prevent others from using your trademarked business name or logo in connection with the goods or services for which it was registered.
  3. Finally, just like any other asset, a trademark can be sold, licenced, or assigned.
  4. Fourth, it ensures that the goods or services are genuine.
  5. Fifth, it provides a sense of affiliation and identity.

Withdrawal of Trademark Registration in India

Sections 47, 50, and 57 of the Trademark Act of 1999 outline the grounds for a person to withdraw a trademark application, which include the following:-

  • For the first five years after its registration, a trademark has no bona fide use, and that time has passed.
  • A registered trademark is used in such a way that it confuses or misleads the public.
  • In the trademark application for registration, the proprietor has misrepresented or failed to present any material facts related to it that, if properly disclosed, would not justify such registration.
  • Any change in the condition of the brand after registration has been noticed, indicating that the registration has not been validated.

Forms for Withdrawal of Trademark Registration in India

  • TM-O: This is the procedure for cancelling a trademark application under the terms of Sections 47 and 57 of the Trademark Act.
  • TM-U: This is the form for a trademark application to have a trademark removed from the register under Section 50 of the Trademark Act.

Withdrawal of Trademark Registration in India

If the applicant wishes to voluntarily withdraw his or her trademark application. It can be filed online, and the trademark’s status in the Indian Trademark Registry can be viewed and marked as ‘withdrawn’ by the Registrar of the trademark.

However, if the trademark application is rejected by the Hearing Officer or Trademark Officer, the application may be withdrawn. Withdrawal effectively means that the application will not be affected and will be treated as if it had never been submitted.

Withdrawal of Trademark Registration in India: Conclusion

The Trademark Act also provides for the cancellation of trademark applications. When seeking cancellation of a trademark, the applicant could go to the trademark registration office or the Appellate Board. Concerned authorities will send a notice to the related opposing parties informing them of the objections and requesting their statements on the matter. The concerned authority will issue an order and be obligated to carry it out in the interests of law and justice after a thorough hearing and examination.

Do contact Zolvit representatives to learn more about the procedure for cancelling a trademark application.

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