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 renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
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.
The renewal can also be filed within six months after the date of expiry.
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.
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.
In case, the registered proprietor has failed to file a request for renewal for some reason, then, there is an option of restoring the trademark application. A trademark application can be restored by putting in a request for trademark restoration at the trademark registry. After considering the genuinity of such a request, the Trademark Registry may restore the trademark and the registered trademark is renewed for a period of another ten years. Upon the approval of the application for trademark restoration, the registrar publishes the mark in the Trademark Journal and in the event the owner retrieves the mark in the event there is no objection from any third party. Often times, the due date is not near, but the attorney of record can no longer preserve the trademark in his or her files because his trademark practice ceases. iVakil IP team can continue your file in our own database and file a new power of attorney with the U.S. Patent and Trademark Office to keep your in sequence current. We will also remind you of unpaid dates as they near.