INTRODUCTION
Trademark renewal safeguards those rights that are exclusively available to a registered mark. On failure to remove the trademark, the proprietor waives off all legal rights that come along with registration. A trademark application once registered has to be renewed every ten years. In the event of non-payment of renewal fee, trademark is liable to be removed from the register of trademarks. If no application for renewal of a trademark is filed together with the prescribed fee, the Registrar shall send a notice at the prescribed address of service informing the proprietor of the trademark of the renewal deadline. Such notice shall be sent not more than six (6) months prior to the expiry of the registration. It is pertinent to note that the trademark can be removed from the Register only after such a notice has been served on the proprietor by the Registrar.In the event a trademark is due for renewal, however, the trademark is registered anytime within six months before the renewal due date or after the renewal due date, then in such case, the trademark registration may be renewed by the payment of the prescribed renewal fee within six months after the actual date of registration.
OFFICIAL FEE
An application for the renewal of a trademark shall be made under Form TM-R along with the prescribed fee of INR 9000 per class anytime within one (1) year prior to the expiry of the registration of the mark. Failure to submit the requisite fee along with the Form TM-R may cause the trademark to be removed from Register.
In all the above scenarios, if the renewal fee is not paid within the prescribed period, the trademark is liable to be removed from the Register of Trademarks post advertisement of the same in the Trademarks Journal.
RENEWAL WITH SURCHARGE
Where the proprietor of a trademark fails to renew the trademark prior to the expiry of the registration, there is a provision wherein an application under Form TM-R can still be filed within six months from the expiration of the registration of the trademark with a surcharge of INR 4500 per class in addition to the appropriate renewal fee.
However, if no application is filed within the stipulated six months grace period after the expiry of the registration of the trademark, then the trademark is deemed to have expired and shall accordingly be removed from the register.
RESTORATION OF TRADEMARK REGISTRATION
If a trademark has been removed from the register of trademarks owing to non-filing of the renewal request on Form TM-R with the requisite fee, then the proprietor of the said trademark can file an application for the restoration of a trademark to the register and renewal of its registration. Such an application for restoration can be filed after six months and within one year of the expiry of the registration of the mark under Form TM-R with the restoration fee of INR 9000 per class in addition to the appropriate renewal fee. Upon acceptance of the restoration and renewal requests, the registrar shall notify the same to the registered proprietor and every registered user and the restoration and renewal shall be advertised in the Trade Marks Journal ensuring that the mark is renewed for a subsequent period of ten years.
FORMS & FEES
| Forms | Purpose | Government Fee(INR) |
|---|---|---|
| TM R | Application for renewal for each class | 9000 |
| Application for renewal for each class, when applied within six month after date of expiration | 9000 + 5000 | |
| Application for restoration which may be filed after six months and within one year of the expiry of the registration of the mark | 9000 + 9000 |
DOCUMENTS/ INFORMATION REQUIRED
- Trademark application sought to be renewed.
- Power of Attorney.
FAQS
A trademark application once registered has to be renewed every ten years from the date of application.
Trademark renewal safeguards those rights which are exclusively accessible to a registered mark. In case the trademark is not renewed within the prescribed time limit, registered proprietor loses all protection that come with registration.
A trademark application once registered has to be renewed every ten years from the date of application. An application for the renewal of a trademark shall be made under Form TM-R along with the prescribed fee of INR 9000 per class anytime within one (1) year prior to the expiry of the registration of the mark.
For filing for trademark renewal, the government fee is INR 10,000 for physical filing of application and INR 9,000 for e-filing.
In the event of non-payment of renewal fee, trademark is liable to be removed from the register of trademarks. If no application for renewal of a trademark is filed together with the prescribed fee, the Registrar shall send a notice at the prescribed address of service informing the proprietor of the trademark of the renewal deadline. Such notice shall be sent not more than six (6) months prior to the expiry of the registration. It is pertinent to note that the trademark can be removed from the Register only after such a notice has been served on the proprietor by the Registrar.
In addition to weakening the legal position of the proprietor, non-renewal also affects the rights of the assignees and licensees of the said trademark. There is an instant loss of exclusivity over the trademark.
If a trademark has been removed from the register of trademarks owing to non-filing of the renewal request on Form TM-R with the requisite fee, then the proprietor of the said trademark can file an application for the restoration of a trademark to the register and renewal of its registration. Such an application for restoration can be filed after six months and within one year of the expiry of the registration of the mark under Form TM-R with the restoration fee of INR 9000 per class in addition to the appropriate renewal fee. Upon acceptance of the restoration and renewal requests, the registrar shall notify the same to the registered proprietor and every registered user and the restoration and renewal shall be advertised in the Trade Marks Journal ensuring that the mark is renewed for a subsequent period of ten years.
In India, the initial trademark registration term is ten (10) years from the date of application, which needs to be renewed once every ten (10) years.
A trademark can be renewed as many times as the proprietor wishes to keep the trademark valid. However, the trademark in question has to be renewed once every ten (10) years to not lose exclusivity.
The validity of a registered trademark lasts for a period of ten (10) years which gets extended to another years upon renewal, thus making the trademark perpetual in nature. The only exception to this perpetuity is when the Registry removes the trademark under certain valid circumstances.
If the proprietor of the expired trademark fails to pay the renewal fee even after one (1) year from the date of expiry, it is well within the rights of the Registrar to remove the trademark in question after publishing a notice of removal in the Trade Marks Journal.