Registered Trademark rights are perpetual but it shall be renewed every 10 years before the expiry of such registration. If the renewal is not done before the expiry, the trademark will be removed from the Registry and the applicant will end up losing their right as a registered proprietor of such mark. Trademark renewal can either be done online or offline by paying renewal fees before the Indian Trademark Office.
Trademark Registration is valid for 10 years from the date of application, after which the applicant should renew the registration before the expiry of the mark. The renewal of the trademark application can be done anytime during the 12 months before the expiry of the mark. Once the renewal is done before the expiry the validity of the trademark will be extended for another 10 years.
The exclusive rights conferred to you as a registered proprietor will be extended for another 10 years. This is very important to protect against any sort of piracy or counterfeit of brand name. Only the registered proprietor can initiate infringement actions against any misuse of the trademark by the third parties in the market.
Section 25 of the Trademark Act, 1999 provides for duration, renewal and restoration of the registration. These provisions should be read with Rule 57 of the Trademark Rules, 2017 which states that trademark shall be made in Form TM-R along with the fee as prescribed in the first schedule and may be made at any time not more than one year before the expiration of the last registration of the trademark.
The trademark proprietor has to file a prescribed form TM-R, an application for renewal before the Registrar. This application can be filed on or before 6 months from the date of expiration of the registration. Along with the application for the renewal, the proprietor has to pay renewal fees as prescribed. Failure to pay such fees will cause the removal of the trademark from the register.
However, it is to be noted here that in India, Examination of the renewal application is not mandatory or statutorily required. The only requirement for successful renewal is the timely filing of the application with the required fees and the registration shall be then renewed by the registry.
The official fees for filing for trademark renewal are INR 9000 for e-filing and INR 10000 for manual filing in one class of the application. A separate renewal request is required for each application and separate fees are charged.
The applicants have an option of filing for the renewals six months after the expiry of the registration upon paying the requisite late fees as prescribed in the form.
In order to register your trademark with us, please click the link below. You can also get in touch with us and our trademark expert will guide you through the process.