What is the Term of a Trademark?

The term of a trademark refers to the period for which a registered trademark remains valid and legally enforceable.

Under the Trade Marks Act, 1999 (India) and international practice:

• A registered trademark is valid for 10 years from the date of application.

• It can be renewed indefinitely in blocks of 10 years each, by paying the prescribed renewal fees.

This means that as long as the trademark owner keeps renewing it on time, a trademark can last forever.

Key Points About Trademark Term

1. Initial Validity

   • 10 years from the date of filing the application.

2. Renewal

   • Renewal must be filed before the expiry of the 10-year period.

   • Registrar sends a reminder 6 months before expiration.

3. Grace Period

   • Even if not renewed on time, there is a grace period of 6 months (with late fees or surcharge).

4. Removal from Register

   • If not renewed, the trademark is removed from the Register of Trademarks.

5. Restoration

   • A removed mark can be restored within 1 year from expiry by filing an application and paying additional fees.

Example

• If a company files a trademark on 1st January 2025,

  • It will be valid until 31st December 2034.

  • It can be renewed for another 10 years (up to 2044, and so on).

Conclusion

The term of a trademark is 10 years, but it is renewable indefinitely, allowing a brand to enjoy protection for as long as the trademark is used and renewed. Famous brands like Coca-Cola, Nike, and Tata have retained their trademarks for over a century by timely renewals.