Sage-Tips

Can I use a Cancelled trademark?

If the trademark has been abandoned, then someone else can freely use the trademark. Therefore, if the above owner who federal registration was cancelled is still using the mark, the owner may be able to sue for infringement.

What does Withdrawn mean in trademark?

The trade mark status in the Indian Trade Mark Registry website shows as “Withdrawn” when the applicant has filed a request to withdraw the application voluntarily. In some cases, the applicant may have withdrawn the application when the Hearing Officer failed to accept the trademark.

Can I register an abandoned trademark in India?

2. Can you use an abandoned trademark in India? As an applicant seeking registration of an abandoned trademark, you’d have to establish non-use of the mark for five years. The Registrar may then contact the original registered user, and seek objections.

Can you register a trademark that is already in use?

Registration is only one part of trademark protection. For this reason, many people choose to use their trademarks before registering them. In this situation, you can register a trademark that already exists, and the U.S. Patent and Trademark Office offers a registration form for trademarks that are already in use.

What happens if a trademark is not renewed?

Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.

Can you trademark an abandoned trademark?

Ultimately, if a trademark is truly abandoned or dead, you can refile for the trademark and obtain registration, but you will need to go in and start from scratch. You can’t just take over someone else’s application or registration.

How do I withdraw my trademark registration?

An applicant may expressly abandon its application by filing with the Office a written statement of abandonment or withdrawal of the application, signed by the applicant or the applicant’s attorney or other authorized representative. A request for abandonment or withdrawal may not subsequently be withdrawn.

What is opposed in trademark?

A ‘Trademark opposition’ means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed. Notably, the person filing the opposition need not have any commercial interest in the matter or a prior registered trademark in the Registry.

Can I trademark a name that has been abandoned?

How long is trademark good for?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

What does it mean when your trademark status is ‘withdrawn’?

Your trademark can reflect as ‘Removed’ due to non-use of the applied mark for five consecutive years from the date of its registration. In case the applicant voluntarily applies to withdraw the mark, his/her trademark status will change from ‘Registered’ to ‘Withdrawn.’ You always need to protect your registered trademark since,

Are there any restrictions on the use of a trademark in India?

Restrictions on use of the mark in India by any Law or Regulation. The restriction does not involve any intention to abandon or not to use the mark in the context of the goods or services it is registered. At times, trademarks can also be removed due to its non-renewal.

How can a registered trademark be taken off the Register?

A registered trademark can be taken off the register in case it is not used in context with the goods or services for which it was registered. It can also be removed if any wrong entries have been made in the register concerning the mark.

Are class II digital signatures available for IPO registration?

Class II Digital Signatures from authorised vendors of IPO are now enabled for registration and e-filing (Please refer to FAQs for vendors details).