Trademark Renewal and Restoration

TRADEMARK RENEWAL & RESTORATION

Trademark registration is valid for ten years and can be renewed every ten years. The trademark protection is no longer valid if the opponent does not renew the trademark. By paying late fees in addition to the renewal fee, an application for renewal can be made on or before six months before the registration expires or within six months after the registration expires.

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Any registered trademark can be removed for non-use if it was registered without the owner’s bona fide intention of use and was not used until three months before the application for removal, or if it was not used for a continuous period of five years from the date of the trademark application and the application was made after three months from the expiry of the trademark.

If more than six months have passed since the renewal date, an application for restoration can be filed within one year of the renewal date’s expiration, accompanied by an undertaking detailing why the restoration request was filed. If the registrar is satisfied, the trademark is restored.