What is the validity of a Trademark?

In India, a Trademark is an essential tool for protecting the identity of a business. A Trademark is a sign or symbol used to distinguish the goods or services of a particular business from those of its competitors. The validity of a Trademark in India is determined by the Trademark Act, 1999, which sets out the requirements for registering a Trademark. The Act also outlines the duration of the Trademark's validity, ranging from a minimum of seven years to an indefinite period. Additionally, the Act establishes the grounds for opposition and cancellation of a Trademark and the process for renewal of a Trademark.

What is Trademark?

A trademark is an important legal tool that provides protection for the unique branding of a business, product or service. It is a symbol, logo, phrase, or word that distinguishes a business from its competitors. In India, the Trademarks Act, 1999, governs the registration and protection of trademarks. The validity of a trademark in India is based on two main factors: registration and use.

Validity of a Trademark

The trademark is registered for ten years by the Registrar. Hence, following the date of registration indicated in the registration certificate, a trademark registration will be valid for ten years. The trademark registration must be entered into the Register of Trademarks by the Registrar when it is issued. By submitting a trademark renewal application to the Registrar prior to the initial registration expiry, the trademark owner can extend the trademark registration for an additional 10 years.

Removal of an Inactive Registered Trademark

According to Section 47 of the Trademarks Act of 1999, the Registrar may remove trademarks from the Register for the following reasons:

No valid (bona fide) intention to use the trademark

A third party can file an application with the Registrar to remove a trademark from the Registry on the ground that the holder obtained the registration without intending to use it. However, the third party must ensure the trademark proprietor has not used the trademark for three months before filing an application to remove it from the Register.

No usage of the trademark for five years following registration

The Registrar may remove a trademark from the Registry if the owner hasn't used it to identify the products or services for a continuous period of five years or more. Five years will be deducted by the Registrar from the date the trademark was first entered into the Register. As a result, after five years from the date of registration, a person or company loses ownership of a registered trademark if they do not use the mark.

Well known Trademarks

Well-known trademarks have achieved high recognition and are referred to as "super brands" due to the number of people who recognize them and associate them with a product or service. Superbrands are provided protection under the law, known as "forever validity", meaning they do not expire or diminish over time. The validity of these marks is based on the idea that they are so famous and recognizable that they would be difficult to use and would cause confusion and deception. The registered owner has invested a lot in the mark, making it unfair to allow someone else to benefit from their hard work. People rely on its recognition when making purchasing decisions, and if a company attempts to use a well-known mark, it could mislead consumers and cause confusion.

Trademark Registration

Trademark Objection