Trademark Renewal In India

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  • Post last modified:May 6, 2021
  • Post category:Trademark Renewal

What is Trademark?

A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller’s products and distinguish them from the products of another. A trademark prevents another person from offering a similar product or service confusingly similar to yours. If you don’t register your trademark, you may be prohibited from using it by someone who has.

What is Trademark Renewal?

Every registered trademark has a validity period of ten years and if you want to use it after ten years, then you need to renew the trademark after paying the respective renewal fees. Trademark registration renewal can be done beginning from 6 months before the date of the expiry. A notice for trademark renewal is sent before the date of expiry.

Trademark renewal is of two types:-

i) There is alteration and change of sign or logo of the registered trademark

ii) Application is made without any change in the trademark

What are the Benefits of Trademark Renewal?

Following are the benefits of trademark renewal in India:-

i) Protection from Frivolous Litigation

ii) Brand Name Security

iii) Extension of Ownership Rights

iv) Monetary Returns

What are the Documents required for the Trademark Renewal?

Following are the documents required for trademark renewal in India:-

i) A copy of the trademark registration certificate

ii) Power of attorney to represent the applicant

iii) Photo Id and address proof of the applicant

iv) Copy of application form of Trademark registration

What is Trademark Renewal Period in India?

Trademark renewal period is the period of every 10 years. Every trademark needs to be renewed in every ten years to avoid losing the brand protection. Further, renewal should be done either BEFORE Six month or AFTER six month from the date of trademark registration.

Procedure for Trademark Renewal:

The application for the renewal of a trademark is the form TM-R.

The application can be made by either registered owner of the trademark or an agent authorized by him.

This application can  be filed on or before 6 months from the date of expiration of the registration.

If no application for renewal has been filed, then the Registrar shall send a notice to the proprietor informing him of the upcoming renewal date. Keep in mind that no trademark can be removed, if notice of renewal has not been served.

Along with the application for the renewal, the proprietor has to pay renewal fees as prescribed. Failure to pay such fees will cause the removal of the Trademark from the register.

Consequences of failure to renewal of trademark:

The consequences of not renewing the trademark are severe.

In case, no application for renewal has been filed, or in case no fee for renewal has been paid by the proprietor, the Registrar may remove the mark from the register.

Before removing the trademark, the Registrar shall first advertise his intention to remove the mark by advertising the notice to remove in the trademark journal.

Restoration of Trademark:

If in case the renewal period has lapsed and no application was filed prior to the expiration, then the proprietor can apply for restoration of the trademark.

A trademark registration can be restored within one year from the date of expiration of the last registration of the mark. Restoration of a trademark includes an additional fee over the renewal fee. 

Note: This Post was last updated on May 6, 2021

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Sunita

Founder & Director | COO & CHRO at eTaxFinance | Content Writer at eTaxFinance Blog | Department Head for Intellectual Property & Startup Team | Head-Corporate Strategy and Planning