A trademark in India can be renewed from time to time for an unlimited period provided the trademark holder keeps paying renewal fees as mandated in the Trademark Act 1999. In case of failure of the renewal fees, the trademark becomes liable to be removed by the registrar of the trademark. Each renewal term of a trademark is 10 years.
The registrar of trademark sends a renewal notice to the trademark holder 6 months prior to the expiration of the trademark so as to minimise chances of renewal. Failing to respond to that notice, the registrar would send the trademark holder a statement with an intention to remove the trademark from the trademark journal if it is not renewed on time. If the trademark is renewed after its expiration then it involves a time frame of 6 to 12 months for the procedure to be completed and an increased amount of fees. So it is advisable that a trademark is renewed before its expiration.
Procedure for renewal of trademark in India
Trademark renewal can be done in two ways:
- Renewal with change in any sign or words to the already existing trademark
- Renewal of the existing trademark without any changes
The following procedure is followed while renewing a trademark:
- An application for renewal of trademark needs to be done in form TM-R
- The application can be filed by either the owner of the trademark or an agent duly appointed by him
- Renewal of trademark means 10 years of undisturbed ownership, at the expiration of which one can renew it again
- Until the renewal application is processed by the registrar it is advisable to check its status periodically
The trademark renewal in India process MUST start 3-6 months ahead of the expiry of the trademark. One must have form 18 ready with the requisite information and fees as mandated by the Trademark Act 1999.
Procedure for Trademark Renewal once Expiry Date has Passed:
Once expiry date for the existing trademark has passed and the owner for some reason has forgot to renew the trademark, there are still avenues through which the trademark can be renewed and restored.
Under section 25(4) of the Trademark Act, 1999, a trademark holder can apply for renewal of trademark by paying appropriate fees. In this case, the amount of fee required is more than the amount required if you had applied for renewal before expiry. The registrar then examines the application and publishes the trademark in the trademark journal if there is no objection from any third party. Renewal of trademark after expiration can only be done within six months from previous expiration date.