Renewing a trademark registration in India is an important process for businesses to maintain the exclusivity of their brand and protect their intellectual property. It is essential for businesses to understand the process of trademark renewal and the importance of timely renewal in order to avoid any potential issues or disputes.
In India, a trademark registration is valid for a period of 10 years from the date of registration. Before the expiry of this period, the trademark owner can apply for renewal of the registration by filing a trademark renewal application. The process of renewal can be initiated 1 year before the expiry of the trademark registration.
To renew a trademark registration in India, the trademark owner must file a trademark renewal application with the Trademarks Registry, along with the required fees. The renewal application must be filed within a period of 12 months before the expiry of the trademark registration or within a period of 6 months after the expiry of the registration, with payment of additional fees. On failure to do so, an application for restoration of the registration can be filed after 6 months and before 12 months of the expiry of the registration. Failure to renew within 12 months from the date of expiry would reslt in the mark being removed from the register.
It is important to note that the renewal of a trademark registration is not automatic and the Trademarks Registry will review the renewal application to ensure that the trademark is still in use and that there are no issues with the trademark. If the Trademarks Registry is satisfied with the renewal application, it will renew the registration for a further period of 10 years.
It is also important for businesses to regularly monitor their trademark portfolio and ensure that all necessary renewals are filed on time. This can be done by setting reminders and keeping track of the expiration dates of trademark registrations.
In conclusion, the process of renewing a trademark registration in India is an important process for businesses to maintain the exclusivity of their brand and protect their intellectual property. It is essential for businesses to understand the process of trademark renewal and the importance of timely renewal in order to avoid any potential issues or disputes.
Editorial Staff
Editorial Staff at Selvam and Selvam is a team of Lawyers, Interns and Staff with expertise in Intellectual Property Rights led by Raja Selvam.
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