Trademark Withdrawal
Trademark withdrawal is the method where an individual can withdraw the trademark before the trademark has been authorized. If the trademark application has been submitted already, one can request withdrawal of the trademark online.
Any ownership claims a person may have had in a trademark would be nullified following the withdrawal process, rendering the trademark open to registration by third parties.
In India, the various aspects related to a trademark are governed under the Trade Marks Act of 1999. Every trademark must be filed with the Trademark Registrar in order to be used legally and officially.
The various reasons for the withdrawal of the trademark application are discussed in Sections 47, 50, 57, 68, and 77 of the Trade Marks Act of 1999.
Circumstances for trademark withdrawal
The various circumstances for withdrawal of the trademark are:
- The trademark is registered alongside the products and services with no actual or legitimate purpose to use it.
- Since the trademark was registered, it has not been used legitimately and appropriately for 5 years, and the 5 years have already passed.
- A trademark that has been registered is utilized in such a way that causes ambiguity or misunderstanding among consumers.
- In the trademark application submitted for registration, the owner has omitted or manipulated any pertinent information that, if properly given, would not support the trademark registration.
- If any modifications have been discovered in the brand after the trademark has been registered, this condition can render the enrollment invalid.
- Any individual may request the withdrawal of trademark registration if there is a requirement specified in the Register of Trademarks is violated or disregarded.
- A trademark can also be withdrawn if the trademark owner has to shut down the company.
What authority does trademark withdrawal have?
The requests for withdrawal of trademark registrations are received either by the Registrar of Trademarks or the Appellate Board.
The Registrar of Trademarks is the appropriate body for trademark withdrawal in India. At the same time, the Intellectual Property Appellate Board serves as the Appellate Board for Indian Trademarks.
When the authority confirms that the candidate has complied with the requirements for withdrawal of trademark registration, the trademark may be canceled.
Form for withdrawal of trademark in India
In accordance with the Trademark Rules of 2017, the necessary forms for trademark withdrawal must be provided to the Registrar. These withdrawal submission forms are sent with the application to the Registrar.
The forms for withdrawal of trademark can be of two types. They are:
- Form TM-O: This form is used for trademark withdrawal for the reasons listed in sections 47 and 57 of the Act.
- Form TM-U: This form is used for the withdrawal of the trademark in the circumstances listed in Section 50 of the relevant Act.
Procedure for trademark withdrawal in India
- If the candidate chooses to withdraw their trademark application voluntarily, they can make an online application for withdrawal of trademark to the relevant Trademark registry.
- After receiving the trademark withdrawal application, a trademark authority reviews the application.
- The trademark officer can either approve or deny the application for withdrawal of the trademark.
- If the trademark examiner is satisfied with the trademark withdrawal application, then the trademark examiner will approve the application.
- The trademark examiner will record the status in the Trademark Registry of India as “Trademark Withdrawn”.
- The trademark may occasionally be withdrawn under certain circumstances, such as if the Hearing Officer or Trademark Officer rejects the application. When a trademark application is withdrawn, it effectively becomes canceled and has no impact.
Effects of trademark withdrawal
- Any claims that the trademark holder had in the trademark will be invalidated on withdrawal of the trademark, making it available for application by other parties.
- When the trademark application has been voluntarily withdrawn, the application’s online status on the Indian Trademarks Registry website will be changed to withdrawn.
- The trademark owner would no longer be permitted to use the trademark once it has been revoked.
Conclusion
Trademark withdrawal is a simple procedure that can be applied by any trademark owner who wishes to withdraw their trademarks. Our team of experts at Odint Consultancy can help you throughout the procedure for the withdrawal of the trademark in India.
FAQ’s
Trademark withdrawal is the procedure of withdrawing a trademark before the trademark has been registered. In case the trademark has already been registered, the trademark can be withdrawn by submitting a request on the online platform.
The requests for withdrawal of trademark registrations are received either by the Registrar of Trademarks or the Appellate Board.
- Make an application to the Trademark Registry.
- The application is verified by the trademark officer.
- The trademark is either approved or denied.
- Once the trademark is approved, the trademark officer will update the status on the official portal of the Trademark Registry of India as “Trademark Withdrawn”.
Form TM-O and Form TM-U
