top of page

Duration of Protection: Renewal and Termination (Trademark Act)

Duration of Protection: Renewal and Termination (Trademark Act)
Duration of Protection: Renewal and Termination (Trademark Act)


Initial Duration and Renewal

Section 25 establishes the initial duration of trademark registration as ten years from the date of registration, which is also the application date (as per Section 23). Renewal is possible for successive ten-year periods following the expiration of the original registration or the last renewal.

Renewal Procedure

An application for renewal must be submitted in the prescribed format within the specified timeframe, accompanied by the requisite fee. The Registrar is obligated to notify the registered proprietor in writing prior to expiration.

Failure to submit the application and fee within the designated timeframe may lead to removal of the mark from the register, effective from the expiration of the last registration. 

However, payment of a surcharge within six months from expiration can prevent removal, allowing renewal for another ten years.


Restoration after Removal

If a mark is removed from the register, the Registrar may, upon request made within one year from expiration, restore it to the register under justifiable conditions. Upon renewal or restoration, a notice is advertised, and the registered proprietor is notified accordingly.

Implications of Non-Renewal

Failure to renew a trademark on time results in the loss of registered trademark ownership. However, if the renewal fee is deposited and pending with the Registry, the owner retains proprietary rights despite any delay in renewal processing.

Deemed Status for Registration of Another Trademark

Even if a trademark has been removed from the register, it retains deemed status for one year for the purpose of registering another trademark, unless the Registrar finds no bona fide trade use for two years prior to removal or deems no risk of deception or confusion due to prior use.

Introduction of Custom Recordation System

The Government has introduced a new custom recordation system, enabling trademark owners to record their brands and trademarks with the Ministry. This facilitates appropriate action against counterfeit goods found at ports.


1 view0 comments


bottom of page