Non-Use of Registered Trademarks

Non-use of registered trademarks is a menace in the world of commerce where non-serious
entities get a trademarks registered and sit over and monopolize them without any real
intention to use them in relation to any goods and services. The entities who are non-using the registered trademarks then indulge in unprofessional behaviour of holding-up the trademarks from others with ulterior motive to traffic in the said monopolized name/mark. The international grouping under the TRIPS was alive to this problem and had put in place measures to counter the unfair trade practice. The agreement reached under the TRIPS was implemented by the member countries with minor variations but more or less with equal stringency.
The registration of a trademarks gives a monopolistic right to the owner as it gives protection from infringement vis a vis it is also in public interest as it greatly helps the consumer/buyer in identifying the source/origin of goods and services and it knows what it is paying for. This further helps the consumer in making the decision to continue buying the goods/services in future or not so that the protection rights in respect of infringement can be granted to the banafide owner of the trademarks. Here, it may be noted that passing off rights are also available to the owner of the trademarks. Thus, non-use of registered trademarks or any misuse of trademarks directly leads to the fraud and cheating on the public.

Author : Vipin Wason, in case of any queries please contact/write back to us via email

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