International Journal For Multidisciplinary Research

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Legal Ambiguities in Addressing Ghost Trademarks: A Comparative Analysis on Indian Trademark Law and International Jurisdictions

Author(s) Ms. Layasri B, Ms. Cruz Joshna I
Country India
Abstract A growing obstacle in the field of Intellectual Property Rights is Ghost trademarks referred to the trademarks that are not actively used in commerce. It provides a subtle difficulty in intellectual property law particularly in balancing the objectives of trademark protection with the need to prevent market distortion. In India as per the Trademarks Act 1999, a trademark should be used authentically and consistently; if not, it can be removed upon evidence of non-use. However, ghost trademarks continue to exist due to defensive registrations, procedural backlogs, and enforcement constraints. This research undertakes a comparative analysis on various jurisdictions including the United States, the European Union, and China. Each jurisdiction has distinct mechanisms in addressing ghost trademarks. The US depends on stringent use in commerce and periodic declarations of use; the EU emphasizes proof of use within five years after registration, unless genuine reasons for non-use are provided; China implements non-use cancellation actions to stop trademark hoarding. It is revealed by the comparative lens that though India’s legal provisions are conceptually in line with international standards, there are procedural inefficiencies that dilute their effectiveness. From a critical perspective, ghost trademarks in India compromise the integrity of the trademark registry, allowing speculative hoarding and making it more difficult for genuine businesses to enter the market. To resolve this issue, evidentiary requirements for renewal should be strengthened, cancellation proceedings should be accelerated, and transparency in the registry must be promoted. The study concludes that though India’s legal framework appears to be strong in theory, its practical enforcement requires modifications to conform with best practices globally to ensure fair competition and promote brand authenticity.
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 6, November-December 2025
Published On 2025-11-19
DOI https://doi.org/10.36948/ijfmr.2025.v07i06.60984
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