A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems.
The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. Let us have a look at the procedures to the renewal and restoration of trademarks in this article.
Renewal of a Trademark
Duration to renew a Trademark
- The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
- The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
- The renewal can also be filed within six months after the date of expiry.
Forms
The following forms must be provided for renewal of a Trademark along with the allotted fee.
| Form No. | Purpose | Cost (physical filing) | Cost (e- filing) |
|---|---|---|---|
| TM-R | Application form for renewal of a registered trademark to be used by the registered proprietor | Rs.10,000 | Rs.9,000 |
| TM-18 | Application for renewal with a surcharge of registration of a Trademark | Rs.5000 + Renewal fee | Rs.4500 + Renewal fee |
| TM-18 | Affidavit in support of the statement of the case |
Mandatory Notice from the Office of the Registrar of Trademarks
The Office of the Registrar of Trademarks will send a notice six months prior to the proprietor informing about the deadline for renewal of the trademark. Upon non-renewal of the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.
However, the Trademark can be restored by filing an application along with the required fee.
Duration to Restore a Trademark
Trademark can be restored after six months and within one year from the date of expiration of the last registration of the mark.
Benefits of Trademark Renewal in India
Protection from Frivolous Litigation
It is possible to have a seamless trademark protection without any chances of litigation. Renewal of trademarks makes impossible for someone to claim rights over it other than the trademark owner.
Brand Name Security
Renewal of trademark promises continuous and unhindered protection of the brand name. Failure of renewal leads to a lapse of legal protection in Brand name.
Extension of Ownership Rights
One can avail protection from infringement of rights over the brand name. The exclusive rights over the trademark are extended for 10 years after each renewal. Hence it provides a permanent protection of your brand and goodwill created by the brand.
Monetary Returns
A trademark owner has the exclusive rights to assign or license the mark to someone else in return of some monetary compensation. Thus, one can make a profit from a registered trademark as well.
FAQ
Q. Can I renew the Trademark even after expiry of period i.e. 10 years?
The Registry of Trademark may condone the period of delay for renewal of trademark by 6 months after the expiry of 10 years. Online application for Trademark Renewal in India can be made after the expiry of 10 years with a payment of additional fees.
Q. What is Trademark Renewal Process in India?
Q. What if the trademark expires?
You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation.
If you have income from more than one house property.
Q. What is difference between a trademark registration and a Trademark renewal?
Trademark Registration is a long process that takes a number of documents and requires more time than the renewal. A renewal is basically for continuing your ownership and use of the trademark, while registration is the initial process to get its exclusive ownership. After completion of every 10 years, the trademark needs to be renewed.
Q. What is trademark renewal?
Trademark renewal is the process of extending the validity of a registered trademark in India after its initial 10-year registration period.
Q. When should I renew my trademark registration?
You should renew your trademark registration before the expiration of its 10-year validity period.
Q. What is the validity of a trademark registration in India?
The validity of a trademark registration in India is 10 years from the date of filing the application for registration.
Q. Can a trademark registration be renewed indefinitely?
Yes, a trademark registration can be renewed indefinitely, provided it is renewed every 10 years.
Q. What is the process for trademark renewal in India?
The process for trademark renewal in India involves filing Form TM-R with the Trademark Registry along with the prescribed fee. The application for renewal can be filed online or in person.
Q. What is the fee for trademark renewal in India?
The fee for trademark renewal in India depends on the type of trademark and the mode of filing. For online filing, the fee is generally lower than for manual filing.
Q. Can a trademark registration be renewed after it expires?
Yes, a trademark registration can be renewed after it expires, but a late renewal fee will be charged.
Q. What happens if I do not renew my trademark registration?
If you do not renew your trademark registration, it will become inactive, and you will lose the exclusive right to use the trademark. Additionally, others may be able to use and register the trademark.
Q. How long does it take to renew a trademark registration in India?
The processing time for trademark renewal in India is generally about 6-8 months.
Q. Can I make changes to my trademark registration during renewal?
No, changes to a trademark registration cannot be made during renewal. If you need to make changes to your trademark, you must file a separate application for amendment.
