The trade mark status in the Indian Trade Mark Registry website shows as “Registered” when the trade mark registration certificate has been issued by the Registrar. The applicant becomes the registered owner and is entitled to use the ® symbol next to its trade mark. The registered owner can take infringement action against the use of any deceptively similar trade marks. The online status in the Trade Mark Registry website sets out some important particulars such as the renewal due date.

It is to be noted that under the present Act, the registration is valid for 10 years from the date of application and should be renewed every 10 years before its expiry. The renewal application can be filed within 6 months before the expiry of trade mark. There is a grace period for a period of 6 months after expiry of trade mark during which the registration can be renewed by paying additional surcharge. If the trade mark registration is still not renewed during the 6 month grace period, the trade mark can be restored and renewed within 1 year after expiry by paying additional penalty.

If the 1 year grace period has also lapsed, then there is no possibility to restore or renew the trade mark under the Statute. Therefore, it is imperative that the renewal dates are properly docketed/diarized so that renewal fees can be filed at the appropriate time before expiry of trade mark.

In case the registration certificate is not available with the applicant, there is an option to apply for duplicate copy of registration certificate.

In case the trade mark registration is to be used for any legal proceedings, a certified copy should be obtained from the Trade Mark Registry.