In India, Trademarks are registered by Controller General of Patents, Designs and Trademarks. Trademarks are registered under Trademark Act, 1999. Registration of Trademark serves an important purpose of securing a trademark from being misused. Registered trademark provides an exclusive right to the owner to sue for damages when infringements of trademarks occur.
Trademark renewal must be done after every 10 years failing which the mark becomes liable to be removed from the Register of Trademarks. Renewal of Trademark should be filed before expiry of the mark.
Renewal of trademark is necessary as the owner can continue to enjoy legal right and protection of your mark.
Frequently Asked Questions:
Who can apply for a Trademark?
- Any Individual
- Registered Company
- Limited Liability Partnership
Where can an application for registration in India be filed?
An Application for registration of a Trademark can be filed at any of the 5 Intellectual Property offices located at Chennai, Mumbai, Kolkata, Delhi and Ahmedabad, depending upon the jurisdiction which depends on the primary place of business of the proprietor/owner.
What is the period of limitation for filing a suit for Infringement of Trademark in India?
It is Three years from the date of infringement.
What is the validity of registration of a Trademark in India?
It is valid till 10 years and renewal is every 10 years from date of expiry.
How long does it take to get a trademark registered in India?
The registration process takes around 8 – 12 months, to obtain registration in straight forward cases, without any objection or opposition. However, a Trademark Application Number is usually allotted within 1 or 2 working days after filing the application and the proprietor of the mark can start using the ™ symbol next to his Trademark and is since protected under the law and enjoys the privileges of that of a Registered Trademark Holder.
How to renew a trademark?
A trademark in India can be renewed by filing the trademark renewal form. A trademark should be renewed 6 months before the trademark expiration term.