Trademark registration in India is well founded and properly regulated. The trademarks act 1999 of India regulates the registration and management of trademarks in India. It protects trademarks, well known marks and brands.Once registered, a trademark is granted for a period of 10 years and can be subsequently renewed for another 10 years period. During the registration period the trademark holder can enjoy the benefits of registration that prevents others from using the registered mark.
At times a trademark is not renewed and this makes the mark in question susceptible to registration by others. Thus, it is very important that trademarks are renewed at appropriate time. The questions is can we re-register a trademark whose duration has expired?
Even if the mark has been expired, one can apply for its re-registration. And in case, someone else applies for registration of expired trademark as per the prescribed procedure, owner of expired trademark can file objections at the registry, tribunal or appropriate forum, says Geeta Dalal, partner at New Delhi based IP and ICT law firm Perry4Law.
It is a good strategy to keep a close watch at the registered trademarks as renewal of a trademark is definitely less cumbersome as compared to opposition and re-registration efforts, suggests Geeta Dalal.
So even if your trademark registration period has expired do not loose heart and approach a good lawyer or law firm to get it renewed or registered as soon as possible.
