almost 9 years ago
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.