Trademark Renewal

Trademark Renewal in India: A Complete Guide

Trademark Renewal is the process of extending the validity of a registered trademark in India. Once registered, a trademark is valid for 10 years from the date of registration, after which it must be renewed to maintain legal rights and protection. Renewing a trademark ensures continuous ownership and prevents it from being removed from the trademark registry due to expiration.

Why is Trademark Renewal Important?

Renewing a trademark is essential to safeguard your brand identity, retain exclusive rights, and avoid legal issues. Without renewal, the protection over the mark will lapse, leaving it vulnerable to use by others. A registered trademark also becomes a valuable business asset, so maintaining its validity through renewal is crucial for preserving that value.

When to Renew a Trademark

Trademark renewal can be done within 6 months before its expiration. The Registrar of Trademarks typically sends a renewal reminder to the trademark owner or their agent. However, even if the renewal notice is not received, it is the owner’s responsibility to renew the trademark on time.

If the renewal period lapses, there is an additional 6-month grace period after expiration to renew the trademark by paying a late fee. Failing to renew within this grace period may lead to the permanent removal of the trademark from the register.

Types of Trademark Renewal

Trademark renewal can be done in two ways:

1. Renewal with Changes: The trademark owner may choose to modify or amend certain elements of the mark, such as its class or associated goods/services, while renewing it.
2. Renewal without Changes: The trademark is renewed as it is, without any alterations to its details.

Steps to Renew a Trademark in India

The renewal process involves these steps:

1. Filing the Renewal Application (Form TM-R): The trademark owner or their representative files Form TM-R for renewal. This form can be filed online through the IP India website or at the Trademark Registry Office.
2. Payment of Renewal Fee: The application includes a renewal fee, which can vary depending on whether it’s renewed within the initial window or during the grace period.
3. Examination of Renewal Application: The Registrar reviews the renewal application to ensure compliance and completeness.
4. Publication in the Trademark Journal: If the renewal is accepted, the trademark is republished in the Trademark Journal as a record of the renewal.

Consequences of Non-Renewal

If a trademark is not renewed within the grace period, it is removed from the trademark registry, and the owner loses all rights over it. Once removed, anyone else can apply to register the same or similar mark. Reinstating a removed trademark is a lengthy and uncertain process, so timely renewal is highly recommended.