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 :
Is there a specific time to apply for trademark renewal?
As far as this question is concerned, there is indeed a specific time within which a renewal application can be made. A renewal application can be made within six months before the expiry of the registration of the mark.
What if I forget to renew my trademark?
Now for the second question. “What if I forget to renew my mark within the said six months?” The Trademark Office may remove the trademark if the mark is not renewed before the last expiry date and advertise the same in the Trademark Journal. But it is not the end of the road. The Trademark law provides another six months from the date of expiry within which an application (which is different from the one filed before expiry of registration) can be made to revive and retain the registration.
Now let us assume you still have not renewed your registration. Now is there a way to redeem? The answer is yes. The Indian Trademark law provides yet another chance to the proprietor to restore the mark. Where six months has lapsed from the date of expiry of registration of the trademark, a restoration application could be filed to revive your mark. The catch here is that the restoration application has to be filed within the next six months.
Now what if the trademark is not renewed even after all this? Well.. I guess it means the proprietor is not interested in the trademark at all and of course is removed from the register!