Dead Trademark-Can We Use an Abandoned Trademark?

Dead Trademark-Can We Use an Abandoned Trademark?

In order to identify a particular product, a trademark is used as a symbol.

Brands are protected by trademarks. Trademarks include anything that identifies a brand. They differentiate you from your competitors.

Trademarks: What Are They?

Businesses register their trademarks. How come?

  1. Create a strong brand identity and position on the market.
  2. By doing so, you will be able to gain an advantage over fraudsters.
  3. Your products and services will be able to distinguish you from the rest.
  4. Consider registering a trademark.
  5. Unique products are valued by customers.

Trademark Abandonment: How does it work?

In the event that your trademark is not secured properly, you might end up abandoning it. Some examples include:

  1. It is important to renew trademarks after ten years. All trademarks must be renewed after ten years. Even if you do not renew a trademark within a grace period of one year, it becomes abandoned the moment you fail to renew it.
  2. In the event that the trademark application is published in the journal of trademarks before the expiration of the three-month period, you will have the opportunity to object within the three-month period. If a counter statement is not filed or no appearance is made at the hearing, then the trademark is deemed dead.
  3. In the examination report, the trademark examiner calls attention to any discrepancies that were found in the application. It is important to note that the trademark status becomes ‘dead’ if no response is received within 30 days or if no appearance is made at the hearing.
  4. Marks becoming too generic or losing their uniqueness might not be recognized as trademarks.

Under the Indian Trade Marks Act of 1999 you can re-register or restore trademarks that have already been registered. Three steps to register an abandoned or dead trademark.

Bringing a dead trademark back to life

You may need to prove that the trademark has not been used for its goods or services in the public domain for at least five years before you can apply to register it. Once the registrar receives your application, they will contact the original user.

  1. In order to determine whether a trademark is already in use in India, the first step is to check to see if the mark is existing. Searches must be performed on all trademark databases, business listings, and the Internet in India.
  2. There is a requirement to file a new TM-A application if the abandoned trademark has already been used.
  3. It is necessary to file a TM-13 form in order to restore a dead trademark.
  4. Upon registering a trademark, you will become the owner of that trademark from the moment of that registration.

Businesses that do not register with the tax authority run the risk of losing their identity and customers as well. As a result, you would have no legal rights to protect your reputation, which would be the most adverse part of the whole incident.

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