Who’s Responsible When A Mark Expires: Lessons from India & The Eu On Renewal and Registry Lapses

Introduction For a business, ten years can pass in the blink of an eye, and in that time, it is not uncommon for even diligent trademark proprietors to overlook the need for renewal. Recognising this, the Trademark Act, 1999 introduced Section 25(3), which places a duty on the Registrar to notify proprietors about the upcoming expiry of their registration and the conditions for renewal. But what happens if the Registry forgets to send such notice, or sends it but fails to remove the trademark...