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Trademark registration in India is valid upto 10 years from date of filing of trademark application. Generally it’s a long time and people tend to forget the due date for renewing the trademark registration. But it’s a serious mistake to commit.
A request for renewal of trademark can be filed before 6 months from the date of actual expiry date.
In case any person forgets to renew the trademark and it has been less than 6 months completed. The registration may be renewed by paying additional fees. However in case even this period is expired than it becomes a tedious job to restore the trademark.
In most of the cases the trademark gets abandoned and a new trademark application claiming prior usage from a previous application may be filed.
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Let us understand why it is important to file for a timely renewal.
1) Your brand name will be removed from Trademark register.
2) You will only be eligible to initiate passing off suit and infringement proceedings against the infringer may not be initiated.
3) It hampers the right of all the people to whom you have assigned or licensed your Trademark.
4) It decreases the overall value of your IP assets.
For all the above mentioned reasons we see how deep is the adverse impact of non renewal of the trademark is.
Other than the above mentioned reasons, one more reason is in case you want to reinstate your trademark the process is lengthy and time consuming.
In order to reinstate you have to file for Form-13 that is application for restoration of trademark, which if accepted by the registrar of trademarks, will than be advertised again in Trademark Journal.
And the trademark will only be restored in case it has not been opposed by any party and time period for opposition has passed.
So I believe it is now clear why keeping a regular update about you intellectual property portfolio is important and is inseparable part of IP portfolio management.
