TM FAQ

Trademark Maintenance India

Trademark Maintenance India

After a trademark is registered it must be maintained to make certain that due dates are complied with. A maintenance affidavit has got to be filed between the 5th and 6th year after registration (6 month grace period available) to maintain the trademark registration active. If the maintenance affidavit is not filed, it will be cancelled. Further, a trademark registration will finish after 10 years. Regeneration must be filed prior to expiration if the owner would similar to to keep the registration active for an additional 10 years.

Often times, the due date is not near, but the attorney of record can no longer preserve the trademark in his or her files because his trademark practice ceases. We can continue your file in our own database and file a new power of attorney with the U.S. Patent and Trademark Office to keep your in sequence current. We will also remind you of unpaid dates as they near.

A trademark is not granted in perpetuity. However, it may be used continuously as long as it is renewed according to the rules of the jurisdiction. This will absorb the submission of documents, statements of continuous use and payment of associated fees at specific times. Failure to do so may cause the regular expiration of your trademark or leave it open to challenge by others. Another form of maintenance is an prepared search of trademark use at regular intervals to rule out unauthorized use of your trademark. If you do not challenge such use in a timely way, you may lose the right to do so in a numeral of jurisdictions.