You should always protect your registered trademark because, even if it is registered, it can be removed from the Trademark Registered Portal. You may question, how can a registered trademark be removed? Well; a registered trademark can be removed from the registration under Section 47 of the Trademarks Act of 1999, if it is not used in connection with the goods or services for which it was registered.

Once registered, a trademark registration is valid for ten years, after which it must be renewed for another ten years. A proprietor is granted a trademark for an indefinite period of time, as long as it is maintained and renewed on time in accordance with the applicable laws.

If a trademark is not renewed or is no longer used, it can be abandoned and removed from the trademark registry.

Grounds for Trademark Removal

There are several reasons for removing a trademark from the registry; some of them are listed below.

The trademark can be removed from the registry for non-use, as explained below -

When a trademark is registered in bad faith, the intention is not to use the mark but to keep it unused after it has been registered, or
Not using a registered trademark for a period of five years starting from the date the trademark is registered.

If the prescribed renewal fees are not paid, the trademark may be removed from the trademark registry.

Final Thoughts on TM Removal

The removal of the trademark can be avoided by paying attention to the following points:

Renewal of trademarks on time
Non-use of the trademark for more than five years
Not engaging in any action that could adversely impact the distinctive characteristics of the trademark, etc.

Compliance Calendar LLP has a dedicated team of IP Attorneys who can help in keeping TM Watch Services for your trademark so that you do not have face liked Removed status for your registered trademark. For any query, you may please contact us.