Trademark Renewal: Maintaining Brand Protection
Ensuring Perpetual Rights Beyond the 10-Year Term
About Trademark Renewal
A trademark is a type of intellectual property consisting of recognizable sign, design,or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
Eligibility and Renewal Timeline
- For renewal, you need to fill a form (TM-12). Trademark lasts for 10 years and after the expiry of 10 years period it may lapse,if not renewed.
- This form can be filed on or before 6 (six) months from the date of expiration of 10 years.
- If no application for renewal is made within one or three months before expiration, the registrar shall send a notice to the owner regarding renewal purpose. A trademark cannot be ceased unless a notice has been served. Governmental fee for renewal along with FORM (TM - 12) is to be submitted.
- In case the owner forgets to renew the trademark by the expiration person and the mark expires. The owner can apply for restoration of the trademark by filing FORM (TM- 13). He can do so, from six months to one year after the expiration of such registration.
- After receiving the application for either renew or restoring, the Registrar shall advertise the mark and wait for objections if raised.
- After the expiry of a waiting period, if no objection raised, once again the mark will be entered into the journal.
Restoration of Expired Trademark
Procedure for Restoration:
- Restoration Window: If the mark expires (is not renewed by the expiry date), the owner can apply for restoration.
- Form: Restoration is filed using FORM (TM-R) along with restoration fees.
- Timeline: Restoration can be done within a period of six months to one year after the date of expiration.
- Final Step: After receiving the application for renewal or restoration, the Registrar will advertise the mark. After the waiting period for objections expires, the mark will be re-entered into the register.
Documents Required for Renewal Application
Documentation Checklist:
- PAN card of Signatory.
- Aadhaar card of Signatory.
- Copy of Logo (Optional)
- Signed Form-48.
- Udyog Aadhaar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- PAN card, memorandum of association, articles of association in content of company
- Digital signature (Class 3)
Simple & Transparent Pricing for Trademark Renewal
Scale your features as your business grows. Find the plan that fits your needs today.
Basic Plan
All Inclusive
- Drafting and filing of trademark renewal application for individuals, proprietorships, registered SMEs and registered startups
- Inclusive of government fee and GST
- Digital Signature charges are not included in the package
Standard Plan
All Inclusive
- Drafting and filing of trademark renewal application along with MSME registration certificate
- Inclusive of government fee and GST
- Digital Signature charges are not included in the package
Premium Plan
All Inclusive
- Drafting and filing of trademark renewal application for entities without Startup or MSME registration
- Inclusive of government fee and GST
- Digital Signature charges are not included in the package
FAQ's on TradeMark Renewal
Your Questions Answered
What is the initial duration of Trademark registration in India?
A registered Trademark is valid for a period of 10 years from the date of the initial application. After this period, it must be renewed to maintain its legal protection.
How far in advance can a Trademark renewal application be filed?
The renewal application (Form TM-R) can be filed up to one year before the date of expiry of the registration. It is advisable to file early to avoid late fees.
What form is used for filing a Trademark renewal application?
The renewal application must be filed electronically using Form TM-R with the Registrar of Trademarks, along with the prescribed official fee and details of the registered trademark number.
What happens if the renewal application is not filed by the expiration date?
If the renewal is not filed on time, the mark can still be renewed within a grace period of six months after the expiry date, but this requires the payment of a mandatory late fee (surcharge).
What happens if the renewal is missed even after the 6-month grace period?
If the renewal is not completed within the 6-month grace period, the Trademark is removed from the Register. However, a restoration application can be filed within one year from the expiry of the grace period using Form TM-R.
Can a Trademark be renewed indefinitely?
Yes. A Trademark registration can be renewed indefinitely for subsequent periods of 10 years each, provided the renewal application and fee are filed correctly and on time.
What is required to prove 'use' when filing for Trademark renewal?
While the renewal form itself does not mandate proof of use, if there is a legal dispute or opposition, the proprietor must be able to prove genuine and continuous use of the trademark in commerce for the goods/services it covers to maintain validity.
What is the penalty for not renewing a Trademark?
The penalty is the potential removal of the trademark from the Register. This means the proprietor loses all statutory rights and protection against infringement, forcing the business to rely only on the common law remedy of 'Passing Off'.
