How to restore a Trademark in India?

If more than six (6) months have lapsed from the renewal date and no renewal request has been filed, then an application for restoration is required to be filed within one (1) year from the date of expiration of the renewal date. The application is to be accompanied with the prescribed fee and a sta...

The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Trademark renewal preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection...

The documents required for filing a rectification/ cancellation action are as follows: An application is to be made in triplicate on the requisite form A statement of case, setting out the nature of the Applicant’s interest, facts upon which the case is based and the relief that is sought....

The Tribunal i.e. the Registrar or the Appellate Board, after giving a notice as well as an opportunity of being heard to the concerned parties, may either cancel, vary, add or remove the entry in question....

An application can be filed in the prescribed manner before the Trademarks Registry where the application for its registration was filed or at the Appellate Board, and the tribunal may make such order for making, expunging or varying the entry as it may think fit....

Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may file for rectification/ cancellation proceedin...

Cancellation of a trademark is a process in which a party seeks to remove a registered trademark from the register. This can be done: – if it is proved that the trademark was registered without any bona fide intention of use by the owner. if the trademark hasn’t been used for a continuous pe...

Rectification of a trademark can be filed in India on grounds of contravention or failure to observe a condition of the trademark already entered in the Register or an error in registering the trademark. The grounds for filing a rectification action are as follows: Contravention or failure to observ...

A mark may have been wrongly registered or may be wrongly remaining on the register. In such cases the Act provides for rectification of the register. Any person, aggrieved by an entry wrongly made or wrongly remaining on the register of trademark, is entitled to file a petition for: Rectification o...

Following are the permissible amendments under the Trademarks Act: Amendment/correction in the name, address or description of the registered proprietor Cancel the entry of a trademark on the Register Amendment of user date Amendment in the specification of goods and/or services...