Published On: Aug 4, 2020 • Last Updated: Aug 3, 2022 • 5.2 min read •
A trademark registration remains alive for an unlimited time subject to timely renewal. A trademark remains valid for an unlimited time if the same is renewed every ten years. Within this guide, the process of trademark renewal, its criteria, and the time span within India is addressed in this article.
What is Trademark Renewal?
Registration of the trademark in India is valid for a perpetual period subject to filing a request for renewal at the Trademark Registry. Appropriate forms must be filed while filing an application for trademark renewal along with the prescribed fees. Further, an application for renewal can be filed within a time period of twelve months from the date on which renewal is due.
As a part of the general practice, the registered owner is advised that the registered mark should be renewed within a year from the date on which the trademark renewal is due. The tip is to ensure that the registered trademark owner does not have to go through the hassle associated with the late filing of the renewal of the brand.
Once the appropriate forms and the fees are paid by the registered owner, the Registry shall renew the trademark application and the status of the trademark application is changed within a few weeks of time.
Validity of a Trademark
The trademark gets registered from the date of application. The validity period also starts from the date of application and not from the date on which the trademark gets registered. Hence, trademark registration in India is valid for a period of ten years from the date of application.
Trademark valid up to
The trademark application is filed on 1st February 2010 and after clearing discrepancies (if any) it gets registered on 05th May 2012. Here the validity of 10 years starts from the date of application which is 1st February 2010. Hence the trademark is valid up to 31st January 2020.
Timeline of Renewal
A trademark is available for an endless time subject to timely renewal of application. A trademark shall be renewed within twelve months just before the expiry of ten years. The registrar shall issue a notice to the proprietor for the renewal. The trademark application status on the official portal of the trademark registry shows the alert status for the renewal of the trademark. it shows an alert for renewal.
In the above example, the trademark gets duefor renewing on 1st August 2019.
Trademark Renewal Fee –
Below are the details related to the fee for renewal along with the details of surcharge fee if the request for the same is not filed in time.
Trademark Renewal Fees – If a trademark application is to be renewed, a request for trademark renewal can be filed in Form TM – R along with the prescribed fee. The cost of physical filing is INR 10,000/- and the cost of filing the same electronically is INR 9,000/-.
Surcharge on Trademark Renewal Fee – In case a registered trademark owner has missed filing an application request for trademark renewal then they can pursue trademark renewal by filing a surcharge over and above the regular trademark renewal fees as prescribed by the Indian Trade Marks law. As prescribed by the Trademark laws of India, the surcharge is INR 4,500/- (if the application is filed electronically) whereas the surcharge is 5,000/- (if the application is filed physically).
If timely trademark renewal is not done by the registered owner then the trademark registry will remove the mark from the records of the trademark registry.
What is the Process of Trademark Renewal in India?
A renewal application is made in the form TM-R and can be submitted either by a registered proprietor or through their agents. A trademark agent or a legal professional is someone who manages the trademark application on behalf of the registered proprietors. It is also important to keep a track of the trademark renewal application, and it is essential that the status of a renewal application is regularly reviewed. The renewal of the trademark often calls for many time-bound acts or reactions by the applicant. It is therefore important to check the status of the application continuously and take the required action until the trademark is renewed effectively.
Trademark Renewal is an important activity for any registered owner and if the same is not done in time then the trademark application may be removed from the register of trademarks.
Trademark Renewal Process After Expiry Of Renewal Period
In case, the registered proprietor has failed to file a request for renewal for some reason, then, there is an option of restoring the trademark application. A trademark application can be restored by putting in a request for trademark restoration at the trademark registry. After considering the genuinity of such a request, the Trademark Registry may restore the trademark and the registered trademark is renewed for a period of another ten years.
Upon the approval of the application for trademark restoration, the registrar publishes the mark in the Trademark Journal and in the event the owner retrieves the mark in the event there is no objection from any third party.
Trademark creates a brand and adds value to an entity. Hence, it is an asset of the entity. Every asset has a certain life and this applies to the trademark also. It is valid for 10 years. For continuous use, a request for renewal must be filed before the expiry date. It can be renewed by paying the prescribed fees for the application in the stipulated time period as discussed above. However, if the application for trademark renewal is filed after the expiration then the Trademark Registry will charge the additional late filing fees. One can also pursue trademark renewal online.
LegalWiz.in has a reliable team of experts who are capable of assisting you in any of your trademark-related queries. Processes related to trademark application are complex in nature and it is always advisable to pursue professional advice rather than pursuing DIY methods. We aspire to keep you informed about the trademark-related processes with transparency, in furtherance desirous of bringing an end to your trademark-related queries and hassles through our trademark registration services.
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Jaina Shah is associated with Legalwiz.in as an operational executive and business adviser. Her prowess is in corporate management, legal drafting and IPR. She holds degree of B.Com- LLB.