Trademark Registration and Maintenance in India

Last Updated at: Jul 06, 2021
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Trademark registration

Imagine you are the owner of a brand that grows into a multi-million dollar company. You’ve trademarked the company name, the logo, and the colours, but 10 years later, you receive a shock when another start-up uses the same logo and claims that they have trademarked the name. What do you do for trademark registration and maintenance in India?

It’s not a time to tear your hair out and scream. Instead, just remember that a trademark is just valid for 10 years. 

What Do I Do After 10 Years?

Be prepared. Rather than wait for the final day of the trademark expiring, get it renewed before the due date. After this, it can be renewed from time to time. After all, brands like Nike and Coca Cola couldn’t have been around for so many years if they didn’t constantly renew their trademark licence

If you are a company owner and have a registered trademark that is due to expire, here are the steps you are required to take

  • For starters, you need to fill out a prescribed form to renew your registered trademark before the Registrar. This form can be filled out on or six months before the date your trademark expires
  • In case you’re waiting to renew your trademark at the last minute, you will receive a notice from the Registrar reminding you to renew your trademark on or before the given date. Also, note that in case you don’t receive a notice, your trademark cannot be renewed
  • While filling out the form, you will have to pay the necessary renewal fee, failing which your trademark can be removed by the Registrar

In case your trademark is getting removed, then the Registrar will advertise their intention to remove it 

register your Trademark now 

What Happens If My Trademark Is Removed?

  • It affects not only you but also those who register their trademark
  • If affects your legal rights and weakens your legal position
  • Since the trademark has the benefit of exclusiveness, it affects your infringement claims in case someone uses the same trademark and colours
  • In case someone uses your trademark, it may cause customer confusion, and in the process, losses for you with regard to a customer base, and eventually capital.
  • This is why it is vital that you renew your trademark, as it will deter others from misusing your mark. 

Fortunately, the Trademark Act of 1999 is sympathetic to the woes of the company owner and eventually gives them a six-month extension to renew their trademark after the date of expiry. You will need to file a form and pay the surcharge. 

Restoration of Trademark

In case your renewal period has lapsed and nobody has applied for your trademarked colours or name, then you can apply to restore your trademark. You will, however, have to make this application within six months or a year after the registration expires. You will be required to fill out a specific form to restore your trademark

After receiving applications to either renew or restore the trademark, the Registrar shall advertise the mark once again. The purpose of the advertisement is to invite objections from people. Who has reason to believe that the trademark should not be renewed or restored? If there are no objections within the particular time, then the mark will enter the register. The entry shall specify that the mark has renewal for a period of 10 years.

To engage professional services to renew your trademark in India and Internationally; do get in touch with the experts at Vakilsearch.