Term of Trademark, Renewal and Restoration

Term of Trademark, Renewal and Restoration

The registration of a trademark is valid for a period of 10 years and further can be renewed every 10 years. In case the opponent does not renew the trademark, the trademark protection is no longer valid. An application for renewal can be filed on or before 6 months, before expiry of registration, or within 6 months after expiry of registration by paying late fees along with renewal fee.

Any registered trademark can be removed on the grounds of non-use if it was registered without any bonafide intention of use by the owner and that the same was not used till 3 months before the date of the application for removal or the same was not used for a continuous period of 5 years from the date of the trademark application and the application was made after 3 months from the expiry of the said 5 years.

If more than 6 months have lapsed from the renewal date, then an application for restoration can be filed within 1 year from the date of expiration of the renewal date along with a undertaking explaining the reasons for the filing of the restoration request. If the registrar is satisfied, the trademark is restored.


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