Renewal of Trademark Registration in India

Renewal of Trademark Registration in India

Lawdef- Renewal of Trademark Registration in India

A trademark registration once obtained shall be valid for a total period of 10 years. After the period of 10 years in order to continue enjoying the benefit of exclusive rights over the trademark, the holder is required to renew the trademark registration. It is very crucial for any trademark holder to renew the registered mark as it helps in maintaining the exclusivity of the brand. Further, it prevents the exploitation of the trademark by any other person. In addition to this if no renewal is sought by the trademark holder then he loses his exclusive rights over the trademark.

Procedure for Trademark Renewal

Trademark holder is required to file the application for trademark renewal within 6 months of the expiration of trademark. In case the holder of the trademark fails to make an application regarding the renewal within the specified period then the trademark will cease to be registered.

However, if no application regarding the renewal is received before by 1-3 months before the expiration then a notice will be sent by the registrar. The notice will inform the holder about the approaching date of renewal.

In case still, no renewal application is received within the 6 months or the prescribed fees is not paid by the applicant then, the registrar will remove the trademark from the registrar and will advertise the same in the official journal.

It is of utmost importance to obtain the trademark renewal within the due time as failing to sought the registration can make the owner left behind empty hands. Obtaining the renewal provides the owner the extended exclusive rights on his brand name and keep enjoying the other benefits.

Restoration of Trademark

Restoration of the trademark is a second chance given to the owner of the trademark to restore his trademark. In case the holder of the trademark fails to file an application for renewal within the specified period, he can file a trademark restoration application with the registrar. The applicant is required to file the application in the prescribed form within the period of 6 months to 1 year after the expiration of such registration.

The registrar will advertise the same in the official journal and will invite any kind of objection against the restoration. In case no objection is received then the trademark will be registered for next 10 years. However, if an objection is received then a proper hearing will be conducted by the registrar and the decision regarding the restoration will be given after hearing both the parties.