Trademark Renewal

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, and names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, of 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems.

The validity period of the trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. On 6th March 2017, the Government of India (GOI) notified new Trade Mark Rules, 2017, to streamline the application process, create benchmarks for filing trademark applications, promote e-filing and simplify the registration process.

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 for 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.  
 

Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.

Need for renewal of Trademark  
 

There are many advantages to renewing a trademark. Registration of the trademark awards the holder of the trademark many rights that are protected by law. It prevents the infringement of the trademark and also provide for restitution in case of such infringements.

It also allows the holder the right to transfer the trademark to another person or company at their will. Licensing of trademarks are only possible if the holder of the trademark is has registered the trademark, therefore a registered trademark holds immense monetary value.  

How to renew a Trademark: A registered trademark is only valid for 10 years, after which it needs to be renewed. The registrar of trademarks will send you a letter of a reminder of the expiry of the trademark 6 months prior to its expiry. When you are going to renew a trademark you have two options:

1. Renew the trademark as it is

2. Renew the trademark with changes and alterations  
 

- The application for the renewal of a trademark is the form TM-R.  
- The application does not need to be filed by the registered owner of the trademark, it can be done by an authorised representative or an agent.  
 

After filing the application one has to follow the status of the application in case any opposition is filed to the registration of the trademark. Such opposition can be filed by any person in the public.

- When the application is approved the trademark will be published in the official gazette of the Trademark Journal.  
- If the trademark has been published then the owner of the trademark has protection for another ten years.  
- The trademark can be indefinitely renewed.  
 

The price for the renewal of a trademark depends upon whether it has been done in-person physically or it has been done online.

- If done physically the filing for the renewal costs 10,000 rupees  
- If done online via e-filing it costs 9,000 rupees  
 

Documents Required

For the renewal of a trademark, the following are required:

- A copy of the registration certificate  
- Copy of form TM-A (the form used for the original application for registering the trademark)  
- ID and address proof of  the applicant  
- Power of attorney if the applicant is an authorised representative or an  agent