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What is the Duration of Trademark in India ?

The duration of trademark registration is ten years, that may be renewed for a further period of ten years on payment of prescribed renewal fees. The non-user of a registered trademark for a continuous period of the five years is a ground for cancellation of registration of such trademark at the behest of any aggrieved party.

India has declared convinced countries as convention countries, which afford to citizens of India similar privileges as granted to its own citizens. A person or company from a convention country, within six months of making an application in the home country, apply for registration of the trademark in India. If such a trademark is accepted for registration, such overseas national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in the home country.

The applications have been made for the registration of trademark in two or more convention countries, the period of six months would be reckoned from the date on which the earlier or earliest of those applications was made.

Even if the recovery of damages for infringement of a trademark in India is possible only if the infringement takes place after the date of filing application for registration with the concerned trademark office in India, yet the deemed seniority in making application in home country may entitle the applicant to initiate an action in India for injunction, delivery of impugned labels and so on.