Section 47 Trade Marks Act 1999 provides for REMOVAL FROM REGISTER ON GROUND OF NON-USE. The relevant period of continuous non-use is:
A3 months continuously, applicable to all trade marks in all classes (cf. Trade Marks Act 1999, Section 47(1)(b))
B10 years, which is the renewal cycle, with no removal for non-use (cf. Trade Marks Act 1999, Section 47(1)(b))
C1 year from the date of registration of the trade mark in any class (cf. Trade Marks Act 1999, Section 47(1)(b))
D5 years and 3 months from the date on which the trade mark was actually entered in the register
Answer & Solution
Correct answer: D. 5 years and 3 months from the date on which the trade mark was actually entered in the register
1. Section 47(1)(b) Trade Marks Act 1999: a registered trade mark may be removed from the register in respect of the goods or services in respect of which it is registered on application by any person aggrieved on the ground that 'up to a date THREE MONTHS BEFORE the date of the application, a continuous period of FIVE YEARS from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being'.
2. Effectively, 5 years and 3 months of continuous non-use is required.
3. Section 47(3): EXCEPTION — non-use will not lead to removal if it is due to SPECIAL CIRCUMSTANCES IN THE TRADE and not to any intention to abandon or not to use the trade mark.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 47(1)(b)_
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