Failure to register the word PINTEREST at the USPTO until 2011 despite launching its business in 2010, lack of supporting documents provided for the application to mature to registration, documents furnished in furtherance of the claim for prior (non-registered) trademark rights in the UK proven unpersuasive, delay in filing crucial evidence towards the end, are some of the reasons Pinterest lost the trademark battle against Premium Interest Ltd.

Section 47 of the Trade Marks Act, 1999 provides for removal of a registered trademark in two scenarios, if it is proved that: The trademark was not registered with a bona fide interest and was not put into use three months prior to the date of application If there has been continuous non-use of the mark for a period of 5 years Exceptions couched under clause 3 of section 47, are allowed on the following grounds: if the non-use of the trade mark can be proven due to due special circumstances in the trade, which includes restriction on the use of the trade mark in India imposed by any law or regulation but does not include any intention to abandon the trade mark in relation to the goods or services to which application for removal relates.

The Government has the view that such consolidation would aid great clarity in debt default laws and would facilitate the application of consistent and coherent provisions to different stakeholders affected by business failure or inability to pay debt.

  Section 251(1) deals with liability for making fraudulent application for removal of name of company from the register of companies and Section 339 deals with liability for fraudulent conduct of business during the course of winding up.

If a trademark application has been filed on an intent-to-use basis without being aware of the fact that the trademark is already in usage in India, an application can later be filed to amend the date of usage and put in the actual date of the use of the mark.

Though used in many different situations- such as in cases of defamation (libel and slander), breach of contract and debt collection; Cease and Desist letters are mostly used in connection with purported infringement of the bundle of IP rights, such as trademarks, copyrights and patents.

The applicant immediately receives a trademark application number.

Trademark attorneys and Trademark agents are the persons who possess the qualifications as set out by the Registry to apply for a trademark and have all the know-how of the registration process and are entitled to practice before Trade Mark Registry.

  For a private company or an unlisted public company, Section 68, 69 and 70 of the Companies Act and Rule 17 of the Companies (Share Capital and Debentures) Rule 2014 are applicable.

The applicant Company can take its time for replying to the objections raised by RBI, Income Tax Department or any other department as no such fixed period is specified by ROC for the replies given by the Applicant Company.