Ex-Legal Solutions

Trademark Renewal

A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems.

The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. Let us have a look at the procedures to the renewal and restoration of trademarks in this article.

Renewal of a Trademark

Duration to renew a Trademark
1. The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
2. The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
3. The renewal can also be filed within six months after the date of expiry.
Duration to Restore a Trademark
Trademark can be restored after six months and within one year from the date of expiration of the last registration of the mark.
The following members can file the applications for renewal or restoration
1. The proprietor of the registered trademark
2. An agent associated with the registered trademark