Understanding the Validity Period of a Trademark in India

1. What is Trademark?

A trademark is an idiosyncratic symbol, figuration, expression or assembly that marks products or services of a certain source. It helps them differentiate the business with competition. When trademark registration is done, the owner of the trademark is issued with exclusive rights to use the trademark and prosecute anyone who violates these rights.

In order to avail this protection, a person is required to have a trademark registration with Registrar of trademarks in India. Most of us seek the assistance of professional trademark attorneys or trademark lawyers or trademark law firms to achieve an efficient process, and to avoid the mistakes in filing.

2. Validity of a Registered Trade Mark

After getting your trademark registered and approved you are allowed 10years under which your trademark will be valid since the time of application. This is 10 years of total irrespective of the kind of the trademark you have, whether a wordmark, logo, sound mark or shape mark in India.

Key Point:

• A registered trademark will be valid within 10 years.
• The protection commences on the application date and not the approval date.
• When you are not sure about it, then you should seek the help of a trademark registration lawyer who could advise you regarding renewal and compliances.

3. Trademark Renewal

The owner can renew the trademark on an ongoing basis after every 10 years. Nonetheless, when the renewal does not happen, the trademark may be stripped off the list.

Timeline and Procedure:

• Within six months of expiry a trademark can be renewed.
• In the event it is not done, a renewal may be made within 6 months of the expiry with late fee.
• To avoid such situations, many businesses rely on professional trademark lawyers or trademark attorneys to monitor their trademark timelines and handle the renewal process well in advance.

4. Penalties of Not Renewing a Trademark

In case of a trademark that is not renewed in the required period, then the effects of this may prove very harsh:

• Forfeiture of exclusive ownership to the mark
• Possibility of third parties to be registered with a similar/ identical mark
• Brand value and reputation of business might be damaged
• There is loss of legal protection against infringement

A trademark lawyer in Delhi or your local jurisdiction can help you file for restoration if the mark is removed due to non-renewal. This though is at the discretion of the Registrar.

5. Restoration of a Trademark

Where a trademark has been expired because of failure to renew, a request to restore can be made within one year of expiry. Repair is done at the cost of extra charges and accounting of a lapse. An experienced reliable trademark attorney can help in restoration on your trademark.

6. Importance of Trademark Registration and Timely Renewal

Trademark registration is not merely paper work. To protect your intellectual property is a strategic move. When you renew in time, your brand name will be able to continue to enjoy:

• Recognition of laws
• Credibility to businesses
• Monetary gains in form of licensing or franchising
• The protection under law against misuse

Engaging a trademark registration lawyer or a reputed trademark lawyer in Delhi ensures that these benefits are not lost due to administrative errors or missed deadlines.

LawChef Assistance for Trademark Renewal and Legal Support

One can find it a pain to renew a trademark without the assistance of a lawyer. At LawChef, our expert team of trademark lawyers, trademark attorneys, and trademark registration lawyers help businesses across India, including those searching for a trademark lawyer in Delhi, to safeguard their brands.

Not sure if your trademark is still valid? Need to roll out on renewals on time? If you are entangled in a legal tussle, LawChef safeguards your intellectual property to remain within the limits of legal conformity. Contact us to get individual, low-cost, and professional help in trademark registration and more.

Frequently Asked Questions (FAQs)

• How do I check when my trademark expires?
  You can visit the Indian Trademark Registry website or contact a trademark attorney to check the expiry date and renewal status.
• What happens if someone else uses my trademark after it expires?
  Failure to renew could see other people applying similar marks. Consult a trademark lawyer immediately if you notice such infringements.
• Can I renew my trademark before 10 years?
  Yes, you have to file your renewal 6 months from expiration of your trademark.
• Are there any penalty on late renewal?
  Yes, renewal after the expiry period but within 6 months is considered as late renewal and incurs extra charges. This can be managed by a trademark registration lawyer.
• Can I restore a trademark back after it is removed?
  The answer to this is yes as you can apply justification to do restoration in less than a year of expiry.