Renewal & Restoration of Trademark

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Renewal of Trademark
The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Trademark renewal preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration.
Application for renewal of the trademark can be filed on or before 6 months, before the expiry of the registration in a prescribed form before the Registrar along with the requisite renewal fee.
A renewal request can also be filed within 6 months after the expiry of the renewal date along with the requisite late renewal fees.
If the request is not filed and the fee is not paid within the aforementioned periods, the trademark is liable to be removed from the Register.
Restoration of Trademark
If more than six (6) months have lapsed from the renewal date and no renewal request has been filed, then an application for restoration is required to be filed within one (1) year from the date of expiration of the renewal date. The application is to be accompanied with the prescribed fee and a statement explaining the factors that led to the trademark not being restored.
The Registrar will restore the Trademark if satisfied that it is just to do so.


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