Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Rohan registered the mark 'ALPHAGRIP' for tyres in 2010 but has never used it in India, and in 2024 a competitor applies for removal of the mark. The competitor shows that there was no bona fide intention to use at the time of application and no use for the five years and three months before the removal application. Which outcome fits the Trade Marks Act, 1999?

The mark can be removed for non-use. An aggrieved person may apply to the Registrar or High Court, showing no bona fide intention to use at registration and no use for five years and three months, unless the proprietor proves special circumstances in trade.

  1. AThe mark cannot be removed since registration is conclusive after 7 years
  2. BThe mark may be removed from the register on the ground of non-use, subject to any proof of special circumstances affecting tradeCorrect
  3. CThe mark may be removed only by a criminal court
  4. DThe mark is automatically cancelled without any application

Explanation

A registered mark can be removed on application by an aggrieved person for non-use, if there was no bona fide intention to use at registration and no use for the period of five years and three months, unless special circumstances in trade explain non-use. Registration does not shield against such removal and cancellation is not automatic.

Did you get it right without looking?

One question tells you little. A timed set on Types of Intellectual Property shows your real accuracy, how long you take and where you lose marks.

Practise Types of Intellectual PropertyFree diagnostic mock

More Types of Intellectual Property questions