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, names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems.
The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. On 6th March 2017, 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 to the renewal and restoration of trademarks in this article.
Renewal of a Trademark
Duration to renew a Trademark
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.
Forms
The following forms must be provided for renewal of a Trademark along with the allotted fee.
| Form No. | Purpose | Cost (physical filing) |
Cost (e- filing) |
|---|---|---|---|
| TM-R | Application form for renewal of a registered trademark to be used by the registered proprietor | Rs.10,000 | Rs.9000 |
| Application for renewal with a surcharge of registration of a Trademark | Rs.5000 + Renewal fee | Rs.4500 + Renewal fee | |
| TM-18 | Affidavit in support of the statement of the case | – | – |
Restoration of a Trademark
Mandatory notice from the Office of the Registrar of Trademarks
The Office of the Registrar of Trademarks will send a notice six months prior to the proprietor informing about the deadline for renewal of the trademark. Upon non-renewal of the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.
However, the Trademark can be restored by filing an application along with the required fee.
Duration to restore a Trademark
Forms
The following forms must be provided for renewal of a Trademark along with the fee.
| Form No. | Purpose | Cost (physical filing) |
Cost (e- filing) |
|---|---|---|---|
| TM-R | Application for renewal with surcharge/ restoration and renewal of a Trademark | Rs.10,000 + Renewal fee | Rs.9000 + Renewal fee |
| TM-18 | Affidavit in support of the statement of the case | – | – |
The following members can file the applications for renewal or restoration
1. What documents are required for Trademark renewal?
08 December 2021
The application for trademark renewal needs to have these documents attached a copy of the registration certificate, power of attorney, ID and address proof of the applicant, and a copy of the TM 1 form.
2. What are the benefits of trademark renewal?
08 December 2021
The trademark registration is an asset for the company under this a word or visual symbol is used by a business to help them distinguish the goods and services from that other similar goods and services. Thus, renewing a trademark is always beneficial.
3. When to apply for Trademark renewal in India?
08 December 2021
A trademark renewal application should be made six months before the expiry of the registration. An application is to be made with the payment of fees.
4. Can a trademark be restored?
08 December 2021
A trademark can be restored after the expiry within 6 months to keep using it. An application is to be made for the same.
5. What is the difference between trademark registration and trademark renewal?
08 December 2021
The trademark registration helps an individual obtain exclusive rights for the use of words or symbols. Whereas the Trade renewal helps in continuing the ownership and use of the trademark.
6. For how many years is a trademark registration valid?
08 December 2021
Trademark registration is valid for 10 years, the process of renewal begins after the period of expiry
7. What happens case if there is a failure to renew the trademark?
08 December 2021
In case if the trademark registration is not renewed the trademark would be removed from the register and any other person claim and get it registered to their name.
8. Are there any changes in the rights after renewing the trademark?
08 December 2021
Renewing a trademark does not create any changes in the rights of the trademark owner. A long as the trademark is valid the trademark holder can enjoy all the rights that he or she has acquired while registering.