Question

Which of the following is not a ground for cancellation of registration of a Trade Mark under Section 57 of the Trade Marks Act, 1999?

• A. The mark was registered without sufficient cause.
• B. The mark has become a generic term due to the acts of the registered proprietor.
• C. The mark is likely to deceive or cause confusion.
• D. The mark has been used continuously for five years without any objection.

Hint:

Trademarks are cancelled if they were wrongly registered in the first place or have lost their distinctiveness. Continuous use strengthens a trademark; it does not provide a reason to cancel it.

Answer 1

The Correct Option is D

Section 57 of the Trade Marks Act, 1999, allows an aggrieved person to apply for the cancellation or varying of the registration of a trademark. The grounds include: \[\begin{array}{rl} \bullet & \text{**(A) & (C):** The entry was made in the register without sufficient cause, or is wrongly remaining on the register (e.g., it was non-distinctive or deceptive at the time of registration).} \\ \bullet & \text{**(B):** The mark has lost its distinctiveness and has become a generic term for the product (a process called 'genericide'), often due to the proprietor's failure to protect it.} \\ \bullet & \text{**(D):** Continuous use of a mark without objection is a factor that *strengthens* a trademark's validity and can be a defense against cancellation, particularly under Section 32. It is not a ground for cancellation.} \\ \end{array}\]