When and how to renew a Trademark?

Trademark registration is a protection granted to a person for the exclusive use of a brand name or logo. It is valid for a specific period only. If the renewal application is not filed, the right of a trademark will be lost, making it an integral part of a proprietor.

Trademark Validity 

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 10 years from the date of application.

For example: 

Trademark application	01/02/2010
Trademark registered	05/05/2012
Trademark valid up to	31/01/2020

The trademark application is filed on 1^st February 2010 and after clearing objection and opposition it gets registered on 05^th May 2012. Here the validity of 10 years starts from the date of application which is 1^st February 2010. Hence the trademark is valid up to 31^st January 2020.

Trademark Renewal period 

A trademark shall be renewed within 6 months before the expiry of 10 years validity. The registrar shall issue a notice to the proprietor for the renewal. Also while checking the online trademark status, it shows alert for renewal.

In the above example, the trademark gets due for renewal from 1^st August 2019.

Renewal Process 

• A proprietor must provide a power of attorney to his agent to file the trademark renewal online application. 
• Filling necessary information in online trademark renewal form TM-R on the trademark portal.
• Filing application with the fees of Rs. 9000/-. The fee for renewinng a trademark is similar for all type of entities. Hence, the rebate in the trademark application fee which is available to startups and MSMEs is not available in case of trademark renewal.
• The renewal application will be advertised in the trademark journal and then it will get renewed for 10 years.

The Trademark Ministry allows a delay of 6 months if the trademark is not renewed.  Hence, an applicant can renew its trademark up to 6 months after expiration with requisite late filing fees.  

If the trademark is removed due to non-filing of renewal application then the Ministry may restore the trademark if the application is filed after 6 months and within 1 year from the validity expiry, if the officer is satisfied to do so.

Conclusion

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 of trademark, the renewal application must be filed before the expiry date.

It can be renewed with nominal fees if the application is filed within the time period as mentioned above. But if the application is filed after the expiration then the Ministry will charge the additional late filing fees.