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Saving Your Trademark after it has expired?

Trademarks lose legal protection in case of failure to renew it every 10 years as regulated by the Trademark Act 1999 of India. Moreover, failing to renew will result in the expiration of the trademark enabling others to misuse/misrepresent your mark. However, you can restore an expired trademark.

This article lays down the steps you should take in case your trademark has expired and you want to have it restored. 

  • For renewal of trademark after expiration, the owner of the mark can file TM-10 within 6 months after expiration and pay a certain amount of charges for renewing the trademark.

  • If the time-lapse of renew is also missed, then the last hope is to file TM-13 within 6 months to a maximum within a year after expiration to request for restoring the trademark rights.

  • Once the application is accepted, the owner needs to advertise the same in the trademark journal to inform about its restoration and invite objections from the people that might try to tamper later on.

  • If there are no objections heard within the restricted timeframe, then it is likely that your trademark will be re-registered and included in the trademark database. It needs to be mentioned that the trademark is valid only for tenure of 10 years.

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