What is Trademark Renewal

Initially a trademark is registered for a period of 10 years from the date it is filed. To keep a trademark active, it must be renewed at the before the end of the aforementioned period. Trademark renewal is a process to update the registration with the trademark office. Trademark renewal process ensures that trademark remains protected, allowing the owner to continue having exclusive rights to use it for their goods or services.

Trademark Renewal Fees In India

The government fees for trademark registration renewal in India is same for all the applicant’s category whether individual, partnership, company, small enterprise, startup India registered entity or others. The government fees if the Trademark renewal is filed before the expiry date of the registration of the Trademark is Rs 9,000/-.

If the Trademark Renewal is done after the expiry of the registration of the trademark but within 6 months from such expiry, then the government fees shall be Rs 13,500/- [Rs 9000 (Normal Fees) + Rs 4,500 (Surcharge)].

Trademark Renewal Procedure In India

For the renewal of Trademark in India before the expiry of its registration period one needs to follow the below-mentioned procedure:

Determine Renewal Date: Trademarks in India are initially registered for a period of 10 years. Renewal is due at the end of this period. It is crucial to identify the renewal date and initiate the process well in advance.

Filing Application for Renewal: Submit a renewal application to the Trademark Registry. This should be done on Form TM-R within six months before the expiry of the registration. Provide accurate details of the trademark and pay the requisite fees.

Examination and Processing: The Trademark Registry will examine the application for compliance. If all requirements are met, the registry will process the renewal, ensuring the continued protection of your trademark.

Issuance of Renewal Certificate: Upon successful processing, the Trademark Registry will issue a renewal letter. This letter serves as proof of the extended validity of your trademark.

Public Notice of Renewal: The renewal is published in the Trademark Journal, notifying the public of the continued existence and protection of your trademark. This transparency is crucial for maintaining the integrity of the trademark registration system.

Benefits Of Trademark Renewal

Continued Protection: Trademarks serve as a unique identifier for your products or services. Renewing your trademark ensures that you maintain exclusive rights over your brand name, logo, or slogan. This, in turn, safeguards your business identity and prevents others from capitalizing on your established brand equity.

Legal Compliance: The legal framework in India mandates the renewal of trademarks to sustain their validity. Failure to renew within the stipulated timeframe can result in the loss of exclusive rights, leaving your brand susceptible to infringement.

Avoiding Disputes: Timely renewal helps in avoiding legal disputes and challenges. Regularly updating your trademark registration demonstrates your commitment to maintaining the brand, making it more challenging for others to claim rights over similar marks.

What Happens If Trademark Is Not Renewed

If a trademark is not renewed within time, it can lead to various consequences, including:

Loss of Protection: If Trademark renewal is not done in time it means the protection it provides is no longer valid. This can open the door for others to use similar or identical marks for their products or services.

Taken off the Register: Non-renewal of Trademark could lead to your trademark being removed from the official register of Trademark. It won’t be recognized as a registered trademark anymore.

Can’t Protect Your Rights: Without an active registration, you might lose the legal rights that come with having a registered trademark. This includes the power to stop others from copying your trademark.

Need to Apply Again: If you want protection back for your Trademark, you might have to start over and apply for registration again. But there’s no guarantee it will be approved.

Higher Risk of Infringements: More people might use a similar mark without current trademark registration. This can confuse customers and cause legal problems.

What Is Trademark Restoration

A Trademark is required to be renewed before the date of expiry of registration on the payment of the prescribed fees. If the Trademark is not renewed before the expiry of the registration, it still can be renewed within 6 months from the end of the expiry of the registration date.

If for any reason the Trademark is not renewed in time, then the Registrar of Trademark shall remove the Trademark from the Register of Trademarks.

Where a Trademark has been removed from the register due to non-renewal, the Registrar shall after six months but within one year from the date of expiry of the last registration of such Trademark, restore the Trademark to the register and renew the registration of the Trademark on receipt of a request in the prescribed form and payment of the prescribed fee from the applicant.

The Registrar may restore the Trademark to the register and renew the registration of the Trademark either generally or subject to such conditions or limitations as he thinks fit to impose. After such renewal, the Trademark shall be valid for a further period of ten years.