What is the validity of a Trademark?

In India, a Trademark is an essential tool for protecting the identity of a business. A Trademark is a sign or symbol used to distinguish the goods or services of a particular business from those of its competitors. The validity of a Trademark in India is determined by the Trademark Act, 1999, which sets out the requirements for registering a Trademark. The Act also outlines the duration of the Trademark’s validity, ranging from a minimum of seven years to an indefinite period. Additionally, the Act establishes the grounds for opposition and cancellation of a Trademark and the process for renewal of a Trademark.

Trademarks are symbols or logos used by companies to represent their services and brand. It assists people to recognise the firm, service, or business. These logos can be registered under the Trademark Act, 1999 with the trademark registry department. It prevents the copying of trademarks. However, one cannot permanently register a trademark, it has to be renewed from time to time.

What is Trademark?

A trademark is an important legal tool that provides protection for the unique branding of a business, product or service. It is a symbol, logo, phrase, or word that distinguishes a business from its competitors. In India, the Trademarks Act, 1999, governs the registration and protection of trademarks. The validity of a trademark in India is based on two main factors: registration and use.

Removal of an Inactive Registered Trademark

According to Section 47 of the Trademarks Act of 1999, the Registrar may remove trademarks from the Register for the following reasons:

No valid (bona fide) intention to use the trademark

A third party can file an application with the Registrar to remove a trademark from the Registry on the ground that the holder obtained the registration without intending to use it. However, the third party must ensure the trademark proprietor has not used the trademark for three months before filing an application to remove it from the Register.

No usage of the trademark for five years following registration

The Registrar may remove a trademark from the Registry if the owner hasn’t used it to identify the products or services for a continuous period of five years or more. Five years will be deducted by the Registrar from the date the trademark was first entered into the Register. As a result, after five years from the date of registration, a person or company loses ownership of a registered trademark if they do not use the mark.

Validity of a Trademark

The trademark is registered for ten years by the Registrar. Hence, following the date of registration indicated in the registration certificate, a trademark registration will be valid for ten years. The trademark registration must be entered into the Register of Trademarks by the Registrar when it is issued.

By submitting a trademark renewal application to the Registrar prior to the initial registration expiry, the trademark owner can extend the trademark registration for an additional 10 years.

Under the Trademark Act 1999, the duration of trademark registration in India is ten (10) years. The renewal for a further 10-years period will require prescribed renewal fees.

You’ll have to decide if you want to renew or not before the expiration date. Anyone can claim your trademark after 10 years if not renewed.

Trademark Renewal

Trademark duration and validity is limited up to 10 years. After that, it must be renewed if you want to continue with the legal protection for your asset.

Trademark renewal request must be filed within 6 months prior to the expiration of the registration. You will receive a notice of a reminder about the expiry of your trademark registration from the registrar of trademarks. The letter will include the conditions of the expiration and the payment of the fees required for the trademark renewal. If the registration or renewal is not obtained as mentioned in the conditions, the Registrar will remove your trademark for the official Trademark Register, known as the Trademark Journal.

You’ll have 2 ways to renew your trademark registration.

Application for renewal without any changes
Application for renewal with changes and alteration to any sign or words in the existing trademark

You need to file a TM-R form which can be filed by an authorised representative or agent. There’s no need of the registered owner of the trademark to be involved whatsoever.

Once the application is approved, the trademark will be republished in the official Trademark Journal. It will give the owner further legal protection on his/her asset while extending the trademark registration duration for another 10 years.

FAQs

What is the validity period of a trademark in India?

In India, a trademark is valid for 10 years from the date of registration. After this period, the trademark can be renewed for another 10 years, and this process can continue indefinitely as long as the renewal fees are paid on time.

How can a trademark be renewed in India?

To renew a trademark in India:

File a renewal application using Form TM-R with the Registrar of Trademarks.
Pay the required renewal fee.
The renewal should be done before the expiry date to avoid penalties. The renewal application can be filed within 1 year before the expiry date of the trademark.