Duration and renewal of a trademark in India

In India, the registration of a trademark is valid for a period of 10 years from the date of registration.

Duration:

A trademark is initially valid for 10 years.
The registration certificate will mention the validity as 10 years from the date of registration.
If the applicant claims prior usage, the certificate will also reflect that proprietary rights are held since that earlier date.
- Example: If usage began in 2000 but the registration is granted in 2025, the certificate will be valid till 2035 but reflect use since 2000.

Renewal:

A trademark must be renewed every 10 years.
The application for renewal must be filed:
- Within 1 year before expiry of the current 10-year period.
- Using the prescribed form and fee under the Trademark Rules.

Consequences of Non-Renewal:

If a trademark is not renewed:
- It may be removed from the trademark register.
- Legal protection is lost—you cannot stop others from using the mark.
- Competitors can register the same or similar mark.
- You cannot claim back rights even if you had prior usage, as the law assumes you’ve abandoned it.

Importance of Timely Renewal:

Ensures continued legal protection and exclusive rights.
Allows the owner to take legal action against infringement (e.g., send cease-and-desist notices, file infringement suits).
Helps preserve brand reputation, consumer trust, and shows commitment to brand integrity.

Remedies for Late Renewal:

Within 1 Year of Expiry:
- File a standard renewal application before the expiry or within one year after expiry to maintain rights.
- No extra charges if done before expiry; standard renewal fee applies.
Grace Period – 6 Months After Expiry:
- If renewal is not filed before expiry, the owner may still apply within 6 months after expiry.
- Must pay both the renewal fee and a surcharge (late fee).
After Removal – Restoration Option:
- If not renewed even during the 6-month grace period, the trademark is removed.
- However, the owner can apply for restoration and renewal by:
  - Filing Form TM-R,
  - Paying the restoration fee plus renewal fee,
  - Within 1 year from the date of expiry.

Note: Restoration is at the discretion of the Registrar and will only be granted if the failure to renew was unintentional.

In summary, while a trademark is not granted in perpetuity, it can be protected indefinitely through timely renewals every 10 years.

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