How to Handle Trademark Abandonment: Can You Revive an Expired Mark?

A trademark is a valuable asset that protects a brand’s identity, distinguishing it from competitors in the market. However, many businesses may unknowingly let their trademarks lapse due to non-use or failure to renew them. If you’ve gone through trademark registration in Delhi but your mark has been abandoned, you may be wondering whether you can revive it. The good news is that in some cases, reinstating an expired trademark is possible. Here’s how you can handle trademark abandonment and potentially reclaim your rights.

What is Trademark Abandonment?

A trademark is considered abandoned when the owner fails to use it in commerce for a continuous period (typically three years) or does not comply with renewal requirements. This can happen due to various reasons, such as business closure, oversight, or financial constraints. If your trademark registration online in Delhi has lapsed, you may have options to restore it.

Can You Revive an Expired Trademark?

Yes, in some cases, an abandoned trademark can be revived, but the process depends on how long it has been expired and whether someone else has claimed it. Below are some key steps to take:

1. Check the Status of the Trademark

The first step is to determine whether your trademark has officially been marked as abandoned. You can check this through the Intellectual Property India (IPI) website. If your trademark status shows as ‘Abandoned,’ it means that renewal deadlines were missed, or the mark was not used actively.

2. File a Restoration Application

If the abandonment occurred due to failure to renew, you can apply for restoration within six months after the expiration date. The restoration process involves:

• Submitting a renewal application with the prescribed fee.

• Providing reasons for the delay in renewal.

• Ensuring compliance with legal formalities to avoid rejection.

3. Prove Continuous Use

If the abandonment is due to non-use, you may need to prove that you have been using the trademark in good faith and that the lapse was unintentional. Evidence such as sales records, advertisements, and business documents can help establish continuous use.

4. Reapply for Trademark Registration

If too much time has passed and your mark has been removed from the register, you may need to apply for a fresh trademark registration in Delhi. This could mean paying the necessary trademark registration cost in Delhi and undergoing the entire approval process again.

5. Seek Legal Assistance

Navigating trademark law can be complex, especially when dealing with abandoned marks. Consulting a legal expert can help ensure that your application is filed correctly and that you meet all the necessary requirements.

Preventing Trademark Abandonment

To avoid the hassle of reviving an abandoned trademark, follow these best practices:

• Set Renewal Reminders: Trademark registrations need to be renewed every ten years. Mark renewal deadlines in your business calendar.

• Ensure Continuous Use: Use your trademark actively in business operations, marketing, and branding to maintain its validity.

• Monitor Your Trademark Status: Regularly check the status of your registration through official government portals.

Conclusion

While an abandoned trademark can sometimes be revived, it is always best to prevent abandonment in the first place. If you’re considering trademark registration online in Delhi, ensure that you stay compliant with renewal deadlines and actively use your mark in commerce. The trademark registration cost in Delhi is a small price to pay for securing your brand’s identity, and letting your mark lapse can be costly in the long run. If your trademark has been abandoned, act quickly to explore your options for restoration or re-registration.

By staying proactive and following legal guidelines, businesses can protect their brand assets and avoid the risk of losing their trademarks to abandonment.