A trademark is one of the most valuable assets for any business, helping protect brand identity and distinguish products or services from competitors. However, even after completing trademark filing in India, a brand can lose its trademark rights if not used properly. Understanding the risks of improper use is crucial for maintaining your legal protection.

What is a Trademark?

A trademark is a distinctive sign, logo, name, or symbol that identifies the goods or services of one business and differentiates them from others. Proper registration through trademark filing in India provides exclusive legal rights to use the mark in connection with the registered goods or services.

How Trademarks Can Be Lost

Even after registration, trademarks can be canceled or deemed invalid due to improper use. Here’s how:

1. Non-Use of the Trademark

• If a trademark is not used continuously for five consecutive years, anyone can file a petition to cancel it.
  
  

• Example: A brand registers a logo but never uses it on its products or packaging.
  
  

2. Genericization

• When a trademark becomes a common term for a product or service, it can lose protection.
  
  

3. Incorrect or Inconsistent Use

• Using a trademark improperly, such as modifying the logo, misplacing ® or ™ symbols, or using it in a misleading way, can weaken rights.
  
  

• Consistency in branding across products, marketing materials, and packaging is key.
  
  

4. Abandonment or Misrepresentation

• If the owner abandons the trademark or allows it to be used freely by others without enforcement, rights may be lost.
  
  

• Failing to stop infringers or allowing dilution can lead to legal disputes or loss of trademark protection.
  
  

How to Protect Your Trademark in India

1. Use It Consistently – Ensure the trademark appears regularly on all products, services, and marketing materials.

2. Monitor Infringements – Keep an eye on competitors or third parties that may misuse your mark.

3. Renew on Time – A registered trademark is valid for 10 years; renew it before expiry.

4. Legal Enforcement – Take action against infringement promptly.

5. Proper Trademark Filing in India – Ensure correct classification, accurate details, and proper documentation during filing to avoid future issues.
   
   

Conclusion

Even after completing trademark filing in India, improper use, non-use, or genericization can cause a brand to lose its legal protection. Businesses must use their trademarks consistently, monitor misuse, and enforce their rights to maintain the value of their brand. Proper use is as important as registration for long-term trademark security in India.