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What is the duration of trademark protection in India?

What is the duration of trademark protection in India?

16-Dec-2024

Trademark & Copyright

Answer By law4u team

In India, trademark protection is granted for 10 years from the date of registration. This period is renewable indefinitely in blocks of 10 years, provided the trademark owner continues to use the trademark and renews the registration before the expiration date. Explanation: Initial Protection: Once a trademark is registered, it enjoys protection for 10 years. This means that the owner has exclusive rights to use the trademark in relation to the goods or services for which it is registered. Renewal: After the initial 10-year period, the trademark owner can apply for renewal to extend the protection for another 10 years. This process can continue as long as the trademark is in use and renewal applications are made. Non-use: If the trademark is not used for a period of 5 consecutive years, it may be vulnerable to cancellation. Additionally, if a trademark is not renewed or used, it may lose its protection. Benefits of Registration: Registering a trademark provides legal advantages, including the ability to take legal action against infringers, use the ® symbol, and establish a presumption of ownership and validity. In short, trademark protection in India lasts for 10 years, and it can be renewed indefinitely as long as the trademark remains in use and the registration is maintained.

Answer By Ayantika Mondal

Dear Client, Trademarks are regulated under the Trademark Act of 1999, and Section 25 of this Act outlines the duration, renewal, removal, and restoration of trademark registrations. According to this section, a trademark is protected for a period of 10 years and can be renewed periodically in accordance with the provisions of this Act. Trademarks are safeguarded for 10 years from the registration date and can be renewed for additional 10-year terms. To renew a trademark, the applicant must submit a renewal application and pay the applicable fee to the registry before the trademark's expiration.It is recommended to begin the renewal process at least 6 months before the expiration date. If a trademark expires, a request for restoration can be filed within one year of the expiration date. Additionally, a trademark can be canceled for non-use, meaning if the trademark has not been used for 5 years, it may be subject to cancellation. In conclusion, in India, a trademark is protected for 10 years and is renewable. Hope this helps,

Answer By Anik

Dear Client, Trademarks are governed under the Trademark Act of 1999, and section 25 of this Act clearly talks about the duration, renewal, removal, and restoration of the trademark registration. It states that Trademark shall be protected for 10 years and can be renewed from time to time in accordance with the provisions of this Act. Trademarks are protected for 10 years from the date of registration and can be renewed for the further 10 years periods. And to renew a trademark applicant needs to submit a renewal application form and pay the required fee to the registry before the trademark expires. And it is ideal to start the renewal process before the 6 months of expiration date. And if a trademark is expired one may file a request for restoration within 1 year of the expiration period. And a trademark can also be canceled for non-use that means if a trademark is not in use for 5 years it is subject to cancelation, To conclude, in India, A Trademark is protected for 10 years and it can be renewed. Hope this helps.