Initial Validity of a Registered Trademark

• A registered trademark in India is valid for 10 years from the date of registration.
  
• The validity period is calculated from the date of filing, not the date of registration certificate issuance.
  
• During this 10-year period, the trademark holder has exclusive rights over the mark.
  
• Continuous use and timely renewal are essential to maintain these rights.
  

Renewal Period

• The trademark can be renewed six months before the expiry of the registration.
  
• The renewal is done for another 10-year term, and this process can continue indefinitely.
  
• The application for renewal must be filed using Form TM-R.
  
• Early renewal helps prevent any risk of removal or legal complications.
  

Grace Period for Late Renewal

• If the renewal is not filed before the expiry, a grace period of six months is provided after the expiration date.
  
• The renewal during this period attracts additional late fees.
  
• After this period, the trademark is at risk of being removed from the register.
  
• Legal rights are not enforceable if the trademark lapses due to non-renewal.
  

Restoration After Removal

• If the trademark is removed due to non-renewal, the proprietor can apply for restoration and renewal within one year from the expiration date.
  
• The restoration request is filed using Form TM-R with an additional restoration fee.
  
• Restoration is subject to the Registrar’s discretion and must be properly justified.
  

Monitoring and Compliance

• Trademark owners should track expiry dates and maintain proper records.
  
• Appointing a trademark attorney or agent can help in timely reminders and filings.
  
• Regular use and renewal protect the mark from cancellation and third-party claims.
  
• A renewed trademark retains the same rights and legal protection as the original registration.