“Use it or lose it” if you are not using your trademark after filing, you must read this!
Use it or Lose it – Trademark
Intellectual Property (IP) rights in itself is a negative right. Unlike other kinds of intellectual property such as Patents, Copyrights, Designs, Trademark is the only right that one can have in his possession for his lifetime when in use and renewed.
This simply means a registered trademark can be renewed every 10 years by paying prescribed fees and the trademark owner shall continue to exploit his rights over the usage for perpetuity.
However, this comes with a stipulation of continued usage in trade and if you do not use your mark for a reasonable period of time even after registration, there is a high likelihood that you would lose your right and not be in a position to retain your mark or abstain others from using it.
This principle has been iterated in several cases and specifically in the recent case of M/s. HAB Pharmaceuticals & Research Limited v/s.VEE EXCEL DRUGS & Pharmaceuticals Pvt. Ltd. [ORA/59/2005/TM/DEL] and VEE EXCEL DRUGS & Pharmaceuticals Pvt. Ltd. v/s. M/s. HAB Pharmaceuticals & Research Limited [ORA/155/2009/TM/MUM], both of these being cross rectification applications. [Order No. 169 of 2013].
It is imperative that we use the trademark after filing it. Some business owners think they can hold a trademark by paying prescribed fees and block it just to prevent others from using it, and thinking that they may transfer (sell) the trademark or license it for a good price. It does not work all the time! Trademark right is not about who filed first or who coined the word first, but who has been using it and who has bona fide usage of the mark.
If you have still not started to using your trademark, please do it right away!