Validity and Renewal of Registered Trademark In India

Validity  and Renewal of Registered Trademark In India

As per section 25, the period of registration of the 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 the trademark to the proprietor.  The trademark will not be removed from the register by the Registrar if an application is made in the 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 acceptance, in India: 

Withdrawal of Acceptance 

This section 19 provides the discretion to the 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 the public to raise objections against the registration of the 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 give notice of its opposition to the registration application.

The copy of the notice is being served by Registrar to the 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 the 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.

To know more on validity and renewal of registered Trademark In India, please connect with AMLEGALS can be contacted on info@amlegals.com for every detail to protect your TM or IPR.