Frequently Asked Questions about Trademark Withdrawal in India
1. What is a trademark withdrawal?
Trademark withdrawal refers to the process of voluntarily cancelling or abandoning a registered trademark in India.
2. Why would someone want to withdraw their trademark?
There are various reasons why someone might want to withdraw their trademark, such as:
– Change in business strategy: If a company decides to change its branding or shift focus to a different trademark, it may choose to withdraw the existing trademark.
– Non-usage: If a registered trademark has not been used in relation to the goods or services for which it was registered for a continuous period of five years, it becomes vulnerable to cancellation. In such cases, the trademark owner may choose to voluntarily withdraw it to avoid cancellation proceedings.
– Merging or acquisition: In situations where two companies merge or one company acquires another, they may choose to withdraw redundant or duplicate trademarks.
– Expired protection: If the protection period of a trademark has expired and the owner decides not to renew it, they can voluntarily withdraw the trademark.
3. What is the process for trademark withdrawal?
The process for trademark withdrawal in India involves the following steps:
– Submitting an application: The trademark owner or their authorized representative must file an application for withdrawal with the appropriate intellectual property office in India.
– Publication of notice: Once the application is received, the notice of withdrawal is published in the trademarks journal, allowing interested parties to oppose the withdrawal within a specified period.
– Obtaining the withdrawal certificate: If there are no objections or oppositions raised, the intellectual property office will issue a withdrawal certificate to the trademark owner.
4. Is there a refund of fees when withdrawing a trademark?
No, there is no refund of fees when withdrawing a trademark. Once the trademark application has been filed and fees have been paid, they are non-refundable.
5. How long does it take for the withdrawal process to be completed?
The timeline for the trademark withdrawal process can vary depending on factors such as the workload of the intellectual property office and any objections or oppositions raised. Generally, it can take several months to complete the process.
6. Are there any legal consequences of trademark withdrawal?
Once a trademark is voluntarily withdrawn, it is no longer protected under trademark law. This means that other parties may be able to use or register the same or similar trademark without infringing on any rights. It is important to consider this before deciding to withdraw a trademark.
In conclusion, trademark withdrawal in India is a process that allows trademark owners to voluntarily cancel or abandon their registered trademarks. Whether it is due to a change in business strategy, non-usage, mergers or acquisitions, or expired protection, the process involves filing an application, publication of a notice, and obtaining a withdrawal certificate. It is essential to be aware of the potential legal consequences and the non-refundable nature of trademark withdrawal fees.
