Removal of trademark and its basic procedure

Removal of trademark and its basic procedure

Removal of trademark and its basic procedure

Removal of trademark and its basic procedure

Vinitha November 13, 2019

Removal of mark and its procedure in trademark session:

Removal of trademark in the trademark registration often comes with the special care. Observation of Supreme Court is plying its crucial role in the filing of trademark. Relevant order issuing is the central duty to demonstrate the clear cut conditions. Trademark registrar or IPAB directs removal of registered trademark. The appellate board directs the removal of the trademark filing in certain conditions. To know the conditions and terms are very essential one. Satisfying of all these conditions are essential one for the completion of the process. Let’s have the look on those terms.

Suit for perpetual injunction in Trademark registration

Removal of trademark condition:

That the application is noticing as a “person aggrieved”. A trademark registration still is not allowing the user for its continuous purpose. Only the time to time renewal only safeguards the flawless usage of the trademark. Otherwise, there is no special circumstances are following to ruin the use of trademark during the period allocating for the proprietor. Trademark filing gives the proprietor exclusive right to use the mark in connection with the goods in respect which it is register and if there is any invasion of this right by any other person he can protect the trademark. Action of infringement is the mandatory process following in this section.

Infringement of trademark:

A trademark registration is fight against the processes of injunction, damages, or account of profits. As well as the register user easily obtain the remedies under the criminal law. A person cannot be permitted to register a trademark when he has not used it in relation to the goods or services in respect of which it is sought to be registered or does not intend to use it in relation to such goods or services. The reasons for not permitting such trademarks to be registered were thus stated by Romer. J. As the registration of trademark is confer valuable rights for the registered proprietor.

Removal restrictions in the trademark:

Section 47 (1) of trademark act provides the removal of trademark on ground of non-use for the prescribed period. It is only an enabling provision of trademark registration enabling party to approach the court or registrar for the removal of the registered trademark if there is non-use for a prescribed period and if there is no bone fide intention to use the trademark. In other words non- use for a prescribed period and does not automatically render the removal of the mark in the trademark registration. Non-user is premature one when it is filed too late for the rectification.

Removal process after the rectification:

Rectification of the trademark registration is following according to the section 46(1) as per the old act. Whether if the application succeeds, any rectification operates as a defence from the date that the order for rectification is made or whether the order for rectification or consequent rectification of the register has retrospective effect affording a defence from the date of commencement. Such proceeding takes indeed the date one month before the application. Sec 46 is following for such proceedings. For rectification up to when the non-user must have continuing to ground n application of logo filing.

Rectification of trademark register and their alternation

Consent of the registered proprietor:

Removal and other basic procedure are required the proper consent from the register proprietor in the trademark registration. Difference between acquiescence only requires some form of tact it acceptance. Consent is nothing but a positive agreement of the trademark proprietor. The permitted use is the strong phrase used to define the sole authority of the trademark proprietor usage than others. User’s purpose of trademark is keenly describing in the brand name registration with the guidance of the section 47. Traditional license arrangement is applicable one for other parties.

Removal intervention by third parties:

The leaving intervention procedure is following with the application form of TM-O in the trademark registration procedure. Registrar may grant leave or refuse leave after hearing if necessary. If intervention is allowed registrar may impose such conditions and terms including such security are deeming into it. Appellate board is exercising the jurisdiction as a tribunal under the trademark act. The dividing line between service mark and goods mark is so delineated one in the brand name registration process. Service and goods classes are not interchanging one. Apart from the classification other things need to be restricting for general use.

Partial rectification:

Logo registration is following with the discretion of provisions with certain elements. There is sufficient dissimilarities between the goods in relation to regular usage and non -use. Applicant for rectification has used the mark in respect of goods relation to the user of the registered mark is alleged or to any other comparable there within. Trademark registration proceedings are complying without any error is the central thing coming within the process. Rejection of trademark is undergoing with certain norms. Meticulous preparation is inevitable one in the trademark registration.


Trademark registration is following with the three common symbols for its usage. TM used for the trademark of goods. SM denotes the service mark. At the time of application submission both the TM and SM can be usable one. The complete checking and the later process is only allowing for the registered mark using in the mark.  Strict provisions are keenly following to avoid the confusions in the business world. Due to the heavy competition in the business market the registration of trademark is very crucial one. So, the actual starting points of the trademark will always the finest one for the business proceedings.


Solubilis is the leading trademark registration consultants in Coimbatore. All levels of trademark cases are easily track able and the name availability also referring through the government portal. Statutory rights of the trademark is deeply analysing through the expert team of the trademark attorneys. We are wide spread team in Chennai, Bangalore, Hyderabad, Cochin, Tirupur, Erode, Salem, Karur, Madurai and Trichy. Apart from the trademark registration, ISO certification and consultancy is also applicable one with Solubilis. Effective business registration services are denotes the name of Solubilis. For more details to know just click here.

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