As per section 25, the period of registration of trademark is 10 years and after which, it may renew time to time and notice will be served by the Registrar after the expiration of registration of trademark to the proprietor. The trademark will not be removed from register by the Registrar if an application is made in prescribed form along with prescribed fee and surcharge within 6 months from the date of last expiration and such trademark will be renewed again for 10 years.
The following are other misc. provisions related to Trademark In India i.e Opposition , Advertisement ,withdrawal of aceptance, in India:
Withdrawal of Acceptance
This section 19 provides the discretion to registrar to withdraw the acceptance of application before its registration on the grounds that i) acceptance is in error ii) circumstances where trademark should not be registered in India.
Advertisement of Application (Section 20)
The next step in process of registration, after filing an application ,is to advertise the application after being accepted with or without condition or modification in order to provide opportunities to public to raise objections against the registration of mark.
Opposition of registration (Section 21)
It is a subsidiary step towards the registration process where any person may within three months from the date of advertisement can give notice of its opposition to the registration application.
The copy of notice is being served by Registrar to applicant, who has to within two months of receiving it, file a counter statement and grounds on which he relies for its application of registration and if he fails to file counter statement, his application will be abandoned.
The copy of the counter statement is to be served on the party opposing it. The registrar is the authority to decide the claims on the basis of the statements and the evidence produced.