Trademarks don't have a validity of lifetime tenure. Hence, they are to be renewed every after 10 years as regulated by the Trademark Act 1999 of India. As you might be knowing that an application for restoration of the expired trademark can filed to the Registrar within one year from the expiration of the last registration of the trademark under Section 25(4) of the Trademark Act, 1999 accompanied by the prescribed fee. The Registrar shall while considering the request for restoration of the expired trademark look at the interest of other affected persons.
In case of any objection, the Registrar conducts hearing and after hearing both the parties it passes a decision on whether to restore the trademark or not. If somebody else applies for registration of the expired trademark, then the proprietor has to file an objection against the third party who has applied for registration of the expired trademark.
In the recently decided matter of Union of India & Ors. v/s Malhotra Book Depot1 by the Delhi High Court on the restoration of the trademark of Malhotra Book Depot after 26 years of its expiry, it was directed by the Hon’ble Court that the Mark of the respondent must be renewed.
Thus, it can be said that the Trademark Act, 1999 and Trademark Rules of 2002 (further amended in 2013) provides the liberty to the proprietor of the trademark that even if the trademark has expired he can file an application for restoration of the expired trademark at any point of time only if the Registrar has not issued a notice to the proprietor in FORM O3.
Better would be to have a detailed discussion.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA