Reasons Behind Abandonment of Trademark

Reasons Behind Abandonment of Trademark

A dead trademark is defined as the trademark which is no longer recognized or validated by any national or regional office trademark registry. There can be several reasons for the abandoned or dead trademark or service mark.

Provided below are a few reasons behind abandonment of trademark, which are applicable for India as well as for other countries.

Fail to renew:

The tenure of a registered trademark is ten years, and then it has to be renewed for continued use. Hence in the situation of failure to do the timely renewal, within one year of the expiration date of the trademark, it marks the trademark as dead or invalid.

Failure the fulfill the requirements of the trademark registrar or examiner: 

The situation where the examiner fails to respond correctly, or within the given time, then the proposed trademark can be abandoned by the trademark registry office.

Express abandonment:

If the owner of any registered trademark fails to respond to the trademark registrar or examiner continually, or when summoning upon, then the trademark can be considered abandoned. There might be chances that the owner no longer wishes to use the trademark for commercial use of product or service. The abandonment can also be done if the applicant loses the case of trademark opposition raised by another company.

Making trademark generic:

In the case applicant company is not able to secure a unique identity for the trademark. It will become generic among the people. Hence, a generic mark cannot be used to serve as a trademark for the company product or services in the marketplace.

With given list of reasons for abandonment, there is no need to worry. In the situation, if your trademark has become dead or become abandoned, then it can be revived by following certain instructions. But it is important to be cautious with trademark to avoid its abandonment. If you want to claim a dead trademark then please contact to Trademarks India at following details. 

Trademarks India
School Block, Shakarpur
East Delhi, Delhi 110092
Email: Contact@TrademarksIndia.net
Call/WhatsApp : +91-8800-100-281
Website: www(dot)TrademarksIndia(dot)Net