Not An ‘Easy' Victory

The debate regarding strict interpretation of law versus a flexible approach is never ending. The supporters of the former believe that a strict interpretation allows little room for ambiguity, whereas the supporters of the latter are resolute that a flexible approach leans more towards just ruling in each case. The provisions of the Indian Trademarks Act, 1999 concerning timelines are strict; the filing of an application for renewal of a registered trade mark should be done within one year prior to the lapse of the period of registration of the Trade Mark, however if such an opportunity is missed, the proprietor has another opportunity to renew the Trade Mark upon payment of a surcharge amount within a period of six months from the lapse of the registration. If the mark is not renewed within these 6 months, it may be removed from the register. This removed mark maybe restored by filing an application along with the payment of restoration and renewal fees, within 1 year