Abandoned Trademark: Is it possible to use it?

Introduction

Trademark Registration is an essential part of any business as they serve as an identifier for the source of goods and services. Trademarks help consumers distinguish between similar products and services from different businesses. However, sometimes businesses might abandon their trademarks for various reasons. This raises the question of whether such a trademark can be used in India. In this blog post, we will discuss the concept of abandoned trademarks, whether they can be used by other businesses and the benefits of using an abandoned trademark.

What is an Abandoned Trademark?

It is a trademark that the owner has stopped using or failed to renew. In India, a trademark is considered abandoned when the owner fails to renew the trademark registration within the stipulated time. According to Section 25 of the Indian Trademarks Act, 1999, a registered trademark is valid for ten years, and it can be renewed for another ten years upon payment of the renewal fee. If the trademark owner fails to renew the trademark registration within the stipulated time, the trademark becomes abandoned. Once the trademark is abandoned, it becomes available for use by other businesses.

Is it possible to use an Abandoned Trademark in India?

Yes, the Indian Trademarks Act, 1999, allows for the use of such trademarks which abandoned can be used by other businesses in India. However, certain conditions must be met before such a trademark can be used by other businesses.

• Firstly, it must not be identical or deceptively similar to an existing registered trademark. If it is identical or deceptively similar to an existing registered trademark, it cannot be used by other businesses.

• Secondly, it must not be used in a way that can cause confusion or deception among consumers. If it is used in a way that can cause confusion or deception among consumers, it cannot be used by other businesses.

• Thirdly, it must not be used in a way that can dilute the distinctiveness of an existing registered trademark. If it happens then, it cannot be used by other businesses.

If these conditions are met, they can be used by other businesses in India.

Benefits of Using an Abandoned Trademark

There are several benefits of using an abandoned trademark. Some of the benefits are:

1. Cost-Effective: One of the benefits of using an abandoned trademark can be a cost-effective way for businesses to acquire a trademark. Instead of creating a new trademark, businesses can use such a trademark and save money on trademark creation and trademark registration fees.

2. Established Brand: It can help businesses establish an existing brand. It may already have an established reputation, and using them can help businesses gain a foothold in the market quickly.

3. Competitive Advantage: It can give businesses a competitive advantage. It may be more recognizable to consumers, and using them can help businesses stand out from their competitors.

4. Increased Market Share: It can help businesses increase their market share. It may have an existing customer base, and using them can help businesses tap into that customer base quickly.

Conclusion

In conclusion, the benefits of using an abandoned trademark can be a cost-effective and efficient way for businesses to acquire a trademark. However, it is essential to ensure that it does not infringe on an existing registered trademark, cause confusion or deception among consumers, or dilute the distinctiveness of an existing registered trademark.