Trademark Renewal

An online application for renewal of Trademark in India shall be made no earlier than 1 year before the expiry of 10 years from the date of application. The application of Trademark Renewal after the expiry of a period of 10 years can be made only by payment of additional fees. Hence applying for renewal 6 months prior to the expiry date is ideal.

The Registry of Trademark may condone the period of delay for renewal of trademark by 6 months after the expiry of 10 years. Online application for Trademark Renewal in India can be made after the expiry of 10 years with a payment of additional fees.

An online trademark renewal application shall be made with the help of Registered Trademark Attorney in India with the payment of renewal fee and additional or late fee (as applicable). A trademark renewal request can be filed six months prior to the date of trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register. An extension period of six months post-expiration is given in case one misses the deadline along with an additional late fee.

You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation.

Trademark Registration is a long process that takes a number of documents and requires more time than the renewal. A renewal is basically for continuing your ownership and use of the trademark, while registration is the initial process to get its exclusive ownership. After completion of every 10 years, the trademark needs to be renewed.

In the case of non-renewal, the consequences are severe. Because the trademark would be removed from the register and any other person can claim it and get it registered to their name.

Trademark renewal does not create any changes in the rights of the trademark holder. As long as the trademark is valid, the trademark holder would enjoy all the rights that he/she acquired during the primary registration.

Trademarks are usually territorial and are valid only in the country where they are filed. However, one can file for registration separately in individual countries, which can be an expensive proposition or you can submit an application via WIPO or CTM for registration across multiple countries.