Life of Trademark Registration

  • April 06, 2016
  • Registrationwala

Duration of Trademark registration is well defined under the Trade Mark Act, 1999. Section 25 of the 1999 Act provides that registration of a trade Mark shall be for a period of 10 years, renewable for another period of 10 years from the date of expiration of the original registration or the last renewal of registration, subject to payment of renewal fees and application made in prescribed manner.

However, what is written above is law which need to be complied with, but one can make Trademark as a lifetime asset because Law does not prohibit the applicant to renew its life. Therefore, we can also say that life or duration if Trade Mark is infinite subject to the fulfilment of certain conditions including renewal fees.

Therefore, it is usually said that trademarks are ageless and perpetual. Legally, no restrictions exist as to the limitation of the registration of a trademark over the period of time and its continual renewals.

If we look at it from business point of view then we shall find that once the Trade Mark is registered, it becomes an asset for the business and since it is an intangible asset, so no physical deterioration is possible which again makes it economic life infinite as well.

Having discussed so far, one thing should be keep in mind that to make trade Mark life infinite required a lot of efforts because it's just not about the renewal fees rather to maintain the Trade Mark value, continuous market research is required in strategic manner which represents the whole business planning. It may be possible that after registering the Trade Mark one can think that he is secured for ten year (a protection required under law) but it will not be the case if that Trade Mark is no more in use or having no economic value because it may alive in the eye of law, but in true business sense its life and value is zero. In this parlance, if generalise statement can be inferred then that should be like the life of trademarks in hi-tech and innovation driven industries mainly software industries is shorter than in consumer goods.

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