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A “registered trademark” confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services. Registration of a trademark is not a mandatory requirement in India. A trademark is registered for a period of 10 years and is subject to renewal. The Trademarks Act 1999 governs the whole process of registration. Trademark Renewal: The validity of trademark registered with TM Registry is of 10 years in India. So, before the end of period of 10 years, 6 months before the same, renewal application can be filed and not before. The renewal can be filed for another 10 years to continue the rights in the mark by an individual or a company. Once, the trademark renewal period lapses, the same cannot be renewed. However, Trademark Act, 1999 provides for the option for revival of an application abandoned due to non payment of renewal fees.
- It identifies the origin of goods and services;
- Advertises goods and services;
- Guards the commercial goodwill of a trader; and
- Protects the innocent public from buying the second rate quality goods.