The short answer
Sections 22 and 23 of the Trademarks Act, 2009 set the law on renewal. A registration lasts 7 years and renews for 10 years at a time. The Registrar sends a notice before expiry. If the fee is unpaid, the mark may be removed, but you can apply to restore it within 1 year, and for that year the mark is still treated as registered.
What the Act says
| Topic | Rule | Section |
|---|---|---|
| First term | 7 years | 22(1) |
| Renewal term | 10 years each time | 22(2) |
| Registrar's notice | Sent before expiry | 22(3) |
| Fee not paid | Mark may be removed | 22(3) |
| Restoration | Apply within 1 year of removal; the Registrar decides if just | 22(4) |
| Restored mark | Renewed for 10 years from the original expiry | 22(4) |
| After removal | Treated as registered for 1 year | 23 |
The first term is shorter than every later one, which catches many owners out. Note the expiry date when you receive the certificate. Do not wait for the notice: it may go to an old address.
Does a removed mark still block others?
Yes, for 1 year. Section 23 treats the removed mark as still registered when new applications are examined. The Tribunal may allow a new filing only where the old mark was not used commercially in the 2 years before removal and no deception or confusion is likely.
Avoid these mistakes
- Waiting for the Registrar's notice
- Forgetting the 7-year mark
- Paying after the deadline
- Letting an unused mark lapse, which can let others file under Section 23
For fees and filing steps see the renewal guide.
Renewal law questions
Which law governs renewal?
The Trademarks Act, 2009, Sections 22 and 23.
How long does a restored mark last?
10 years from the original expiry date.
Will the Registrar remind me?
Yes, but treat your own expiry date as the real deadline.
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