Voluntary Surrender of Trademark Registration in India.

 A Trademark Registration Certificate in India grants special rights to a brand owner for using a distinctive mark for their goods or services. However, circumstances such as business restructuring, brand discontinuation, or legal requirements may necessitate the surrender of a registered trademark.

If you intend to voluntarily surrender your trademark registration in India, the process is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017.

Process of Trademark Surrender in India

1. Types of Trademark Surrender

There are two primary scenarios for surrendering a trademark:

• Voluntary Surrender: The registered proprietor willingly gives up trademark rights.
• Removal for Non-Use: If a trademark remains unused for five consecutive years, any third party can file for its removal.

This guide focuses on voluntary surrender by the trademark owner.

Process to Voluntarily Surrender a Trademark

Step 1: File Form TM-P (Petition for Cancellation or Variation)

The surrender process begins by submitting Form TM-P to the Trademark Registry.

• Where to File?
• Online via the IP India portal (https://ipindia.gov.in).
• Offline at the respective Trademark Office where the mark is registered.
• Fees Involved:
• ₹900 for individuals/small enterprises.
• ₹4,500 for large companies.

Step 2: Submit Supporting Documents

Along with Form TM-P, the following must be attached:

• A signed request letter stating the reason for surrender.
• A copy of the Trade mark Registration Certificate.
• Authorization Form (TM-48) if filed through an attorney.
• Identity proof (for individuals) or business incorporation proof (for companies).

Step 3: Examination by the Trademark Registry

Once submitted, the Registrar will:

• Verify the application.
• Check for any pending disputes or oppositions.
• Make sure no third-party rights are affected.

Step 4: Publication in the Trademark Journal

If approved, the surrender request is published in the Trademark Journal to invite objections (if any).

• Opposition Period: 3 months from the date of publication.
• If no opposition is received, the surrender proceeds.

Step 5: Hearing (If Opposition is Filed)

If a third party (e.g., a licensee) opposes the surrender:

• The Registrar conducts a hearing.
• Both parties submit evidence.
• A final decision is made.

Step 6: Final Cancellation & Removal from Register

• If no opposition (or if opposition is dismissed), the trademark is officially cancelled.
• The Registry updates its records and removes the trademark from the Register of Trademarks.
• A cancellation order is issued to the applicant.

Key Considerations Before Surrendering a Trademark

• Loss of Rights: Once surrendered, all legal protections cease.
• Third-Party Interests: If the trademark is licensed, the licensee’s consent may be required.
• Future Re-Registration: The same trademark can be re-filed, but earlier rights are forfeited.