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, and names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, of 1999. The trademark cannot be registered if it is found offensive, non-distinct, and contains government emblems.
The validity period of the trademark in India is for 10 years as per section 25 in the Trade Marks Act, 1999. On 6th March 2017, the Government of India (GOI) notified new Trade Mark Rules, 2017, to streamline the application process, create benchmarks for filing trademark applications, promote e-filing, and simplify the registration process.
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 for the renewal and restoration of trademarks in this article.
Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.
The Office of the Registrar of Trademarks will send a notice six months before the proprietor informing about the deadline for renewal of the trademark. Upon non-renewal of the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.
However, the Trademark can be restored by applying along with the required fee.
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