Trademark Registration plays a vital role in everyone’s business. Register trademark in India is beneficial as an asset or a secure method to protect your branding. However, a trademark needs renewal after every ten years. Not renewing trademark registration online can result in an abandoned or dead trademark. In this article, we will know about the detailed procedure for register Abandoned Trademark in India.
In this case, to again benefit from trademarks, you need to register an abandoned trademark in India. Failure to obtain an abandoned trademark registration can cause severe damage to the business, and your competitors can misuse your brand image and cause problems for your business. Thus, it is essential to register an abandoned trademark in India. This will save you valuable time and money.
What is a Trademark?
A trademark is simply anything that helps your customer distinguish you from others. In other words, Trademarks provide a unique image to your company, products, or services.
Trademarks also provide you the legal rights to use your branding exclusively. We all know branding is an integral part of every business in this social media age.
Compromising here can cause serious harm. For example, the Apple logo is a trademark of a specific company, and however, some other companies making cheap products can use the apple logo if they don’t register it.
This can lead to business loss, failure to beat competitors, and poor image among customers. To save yourself from all this pain and difficulties, you must have trademark registration online.
What can you use for trademark registration?
Under Trademark Registration, you can register the following elements as a trademark:
- Product Name
- Business Name
- Name of a Person
- Logo and Symbols
- Business Taglines
- Sound or Audio
- Scent or a specific smell
- Motion Mark
- Color Hues
- Packaging, Labelling, etc.
What are the benefits of Trademark Registration? Why register an abandoned trademark in India?
Trademark Registration provides you with multiple benefits. The most significant benefits of trademark registration online are as follows.
- Having a Trademark Registration in India ensures security and protection.
- Trademark Registration is an online process you can get at the comfort of your home or office.
- Trademark requires renewal only after ten years.
- The price you pay for a trademark is significantly less in contrast to the benefits that it offers.
- You can use the trademark to rent and earn extra income.
- Also, Trademarks help in building credibility and a unique image in the market.
- One can significantly reduce the advertising costs as trademarks help in marketing through word of mouth.
- After building credibility, trademarks become an asset, and one can quickly sell them to earn profits.
- Trademarks help in maintaining a good business reputation. As a result, new customers automatically come to you. Moreover, it boosts the morale of employees. Furthermore, Employees feel motivated to work with companies with a good reputation and trademark registration in India.
- It becomes easier to sue someone if you have trademark registration and they are using your trademark without your permission.
What does it mean when a trademark is abandoned?
An abandoned Trademark is simply a trademark that is not in use. Thus, a trademark becomes abandoned either if it is not in use for a long time, or the owner doesn’t renew it. Furthermore, the following cases can also lead to an abandoned trademark.
- Delay of Reply to Trademark Opposition or not attending to hearing can result in you having to abandon your mark.
- Trademark Formality Check Fail can also lead to the abandonment of the trademark.
- Failure in the renewal of existing trademark registration.
- Delay or Incorrect Trademark Objection Reply Online.
Stepwise procedure to register abandoned trademark in India.
Firstly, the applicant should conduct a trademark search. Conducting a comprehensive ground search via Indian trademark databases, company listings, and the internet is required. Even if you discover that a company is using a recently dead trademark without properly registering, registration will be complicated without the business entity or individual’s permission. Then, depending on the circumstances, you must follow one of the following procedures for registering a dead trademark in India:
- Firstly, Fill out a new application (in Form TM-1) for the registering of an abandoned trademark, including all information concerning the brand and associated documents.
- Filling out Form TM-13 [as required by section 25(4) of the Indian Trade Marks Act of 1999] for the revival of a defunct trademark after it has been removed from the register of trademarks, as well as any other charges
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