If a registered trademark in India has not been used for a continuous period of five years from the date on which the trade mark is actually entered in the register, it can be removed on an application by third party for rectification or cancellation made in prescribed manner by filing request before Trade Marks Office ...
(a) Applications may be withdrawn from issue for further action at the initiative of the Office or upon petition by the applicant.
You must tell the Intellectual Property Office ( IPO ) if any of the details held in the trade mark register need updating or correcting. You must also tell IPO if you want to give up your rights to your trade mark or appoint a representative or agent.
Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce. Trademarks are registered with the United States Patent and Trademark Office (USPTO).
The grounds for trademark cancellation can include issues such as non-use of the trademark, abandonment, fraud in the application process, genericness, or other factors that render the trademark registration invalid.
A petition to revive an abandoned application on the grounds that the failure to reply was unintentional (37 CFR 1.137) must be accompanied by: (1) the required reply (which has been filed); (2) a statement that the entire delay in filing the required reply from the due date for the reply until the filing of a ...
Yes, a trademark can be removed from the trademark register if it is not being used. Many jurisdictions require that a trademark is actively used in commerce to maintain its registration and protection. This requirement is often referred to as "use in commerce" or "use in connection with the goods or services."
Indian Patent Office examines the patent applications in the order in which request for examination was filed. There is no provision for request for early examination under Indian Patent laws. 'RQ status of issued FERs' utility lets one know month and year of request for examination for which FER is being issued.
On average, it can take anywhere from 12 to 36 months for a patent to be issued after its publication, assuming everything goes smoothly. However, this is a broad estimate and some patents may be granted sooner, while others may face longer delays.