Fraudulent Use Of A Trademark  

With increasing efforts of getting a trademark for one’s products or services, fraudulent use of trademark is also increasing day by day. This has led to the Trademark Office to toughen the trademark registration processes.

The law restricts registration of the mark to the actual uses made; it has no control over and has no way to investigate how trademarks are used outside in the market. In lieu, the Trademark Office could only depend on the claims made by the trademark owners in their applications and submissions. Hence, to acquire correct information of their products and services, the Trademark Office started dealing with any errors made in the submissions as fraudulent cases.

If any error is found in the submissions, the Trademark office has the full right to reject the submission. Moreover, it can also cancel an existing registration.

The Trademark law considers fraud as intentional falsified information about a material. Earlier, hardly any fraudulent cases were registered against trademark owners because they always claimed that their descriptions were not knowingly forged. But now, ever since the law has toughened, the fraudulent cases have increased considerably.

These increasing figures showed a disposition in cancelled trademark registrations on the grounds of inaccurate descriptions of products and services. However, in case the trademark is not employed with each and every product or service that is being claimed by the owner, the application or its registration will forever be susceptible to termination. It may be difficult for the Trademark office to treat whether a case is fraudulent or not if one’s intent would be the matter of concern.

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