Posts Tagged "restoration"

Trademark Renewal – The Indian Scenario. Only A Single Chance?

As mentioned in my previous articles, the life of a trademark is ten years in India post which the mark requires to be renewed every ten years to keep the mark alive. Of course, the Trademark law requires the Trademark Office to notify the proprietor before the expiry of registration. Now the question that arises is :

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Delhi High Court holds that a Trademark cannot be removed for non renewal without giving notice to the proprietor

The respondent, Malhotra Book Depot was a partnership firm which registered the mark MBD on November 23, 1970. The registration was subsequently renewed once in 1977. Over the years the partnership changed twice and when the most recent partners applied for a legal use certificate of the trademark registration (certified information of the mark from the Trademark Office). They were informed that there was no information of the trademark registration on the records of the trademark office (something that TM lawyers in India are quite used to hearing). Upon further investigation the Officials informed the Respondents that the mark had not been renewed and so it was removed from the records of the trademark office. The Responded then filed an application to restore the mark on 17 October 2010 which was not accepted on the ground that it was filed over one year after the expiry of the trademark.

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