The trademark law of India enables businesses to protect their trademark by registering it. However, there are some grounds on which the registered trademark can be revoked. This article will explain all about trademark revocation.
What Does the Revocation of a Trademark Mean?
On successful registration of the trademark, a business becomes eligible to legally enjoy some benefits under the protection of the Trademark Act, 1999. Rights of a registered trademark include the right to exclusive use, the right to assign or transfer the trademark, etc.,
Though the registration of a trademark serves as a protection to it, there are some grounds on which the registered trademark can be revoked. Trademark revocation, in simple words, means the removal in part or whole, of an already registered trademark. By removal of a trademark, it means the removal or the cancellation of a registered trademark from the official trademark journal.
Grounds for the Revocation of a Trademark
The Trademark Act, 1999 has laid the following grounds for the cancellation or revocation of a registered trademark.
- A registered trademark can be revoked if it has been used in a way causing confusion or deception to the public.
- If a trademark is registered with the goods or services without any genuine intention of usage or any bonafide, it becomes eligible for cancelation.
- A registered trademark can be revoked on the grounds of non-use of the trademark for five years. But to apply for such revocation on such grounds, the petitioner has to provide solid proof that the mark is unused for the afore-mentioned timeline.
- If a registered trademark is not validated due to the change of circumstances after registration, the registrar can cancel the trademark.
- On disclosure of some misrepresented or failure of disclosure of any material fact during the process of registration by the proprietor, the trademark becomes eligible to be revoked.
- Anyone can apply to cancel or revoke a registered trademark if there is a violation or failure to observe any condition mentioned by the Registrar of Trademarks.
Who Can Initiate the Process of Revocation of a Registered Trademark in India?
The recourse to revocation of a registered mark is available to any aggrieved party in India. An aggrieved party is a person or a company who has an interest in the mark from being removed, or whose interests will be damaged if the trademark in question is allowed to remain in the trademark journal.
The Process of Revocation of a Registered Trademark in India
The aggrieved person has to make an application in Form ™-O. This application must contain all the details regarding the interest of the applicant, the facts upon which the applicant rests his case, and the relief he seeks. The applicant or his authorized agent must verify the application.
The registered proprietor must file a counterstatement within three months of receiving the application and the statement. If no counter statement is made by the registered proprietor within this period, the applicant can file evidence in support of the application in the form of an affidavit.
Once the applicant files the evidence, the registered proprietor can file evidence in his favour within two months from the date of receiving the applicant’s affidavit. The applicant is then given one month to file any further evidence. If any documents are in languages other than Hindi or English, attested translated copies of all the documents are to be attached in either of the two languages.
The registrar then sends out a notice for a hearing which will be at least a month away from the date of such notice.
Though an applicant can himself file for the revocation of a trademark, it is always suggested to approach for legal advice. Vakilsearch’s legal experts can file the application for you and also guide you throughout the entire process of cancellation of a registered trademark.