Trademarks are marks that are graphically represented which help people identify the company or person who produced the goods or services.
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These marks can be registered under the Trademark Act, 1999 with the Trademark registry offices. There are five such trademark registry offices in India, Mumbai, Delhi, Kolkata, Chennai and Ahmedabad.
If a trademark is registered the holder of the trademark gets special rights to its usage and is protected by law from the infringement of such rights by others.
Registered trademarks have a limitation period of ten years. If the trademark is not being used for a period of five years then it may be cancelled at the request of another party.
The holder of a trademark is at the liberty to renew the trademark indefinitely every ten years. The Registrar gives a window of six months before the end of ten years to the holder of the trademark to renew their trademark and continue enjoying the rights awarded.
In the case of a person failing to renew a trademark, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark.
After the period of the ten years if the trademark is not renewed the person still has the option of restoration, which means renewal itself but with a fine.