What is Removed and Withdrawn Trademark Status?

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case the applicant voluntarily applies to withdraw the mark, his/her trademark status will change from ‘Registered’ to ‘Withdrawn.’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,

Even if your mark gets registered, it can be removed or withdrawn from the Trademarks Register. 

How?

According to Section 47 of the Trademarks, Act, 1999,

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. Also, the registered trademark needs to be in prior use for three months before filing the trademark application.

However; if the trademark is not in use due to some special circumstances can be reconsidered by the Trademark Registrar before its removal. 

These exclusions are – 

• 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. Removal of a registered trademark can lead to the loss of trademark rights as a proprietor and endanger the identity of your brand name. 

Withdrawn Trademark Status 

Your trademark application will show as ‘Withdrawn’ when the applicant applies for the withdrawal of his/her trademark voluntarily. 

In some situations, the applicant can also request for the withdrawal of the mark when the Hearing Officer does not accept the registration of the trademark.       

The Hearing Officer will review the withdrawal letter in such case and update the same in the Trademarks record. Once withdrawn, the proprietor will not have any right over the mark.