The Registration of a Trademark is valid for 10 Years from the date of application, that is, the effective date on which the first application for trademark registration was filed. Before the expiry of these 10 years, the concerned trademark needs to be renewed for its registration to continue. We have discussed the exact due dates for trademark renewal later in this blog. You must remember that with every renewal, the validity of a trademark’s registration extends for a period of another ten years, and there is no limit on the number of times you can renew your trademark.
Legal Provisions Regarding Trademark Renewal under Trademark Act,1999
1. Provision for Trademark Renewal (Section 25)
2. Removal of Registered Trademark Due to Non-Renewal (Section 25)
3. Power of Central Government to Make Rules (Section 157)
Process of Trademark Renewal in India
Step 1: Application Filing
- Trademark registration number
- Current status of the trademark
- Applicant’s contact information
Step 2: Verification and Examination
Step 3: Publication in Trademark Journal
Step 4: Issuance of Renewal Certificate
| S.No | Documents Required for Trademark Renewal |
|---|---|
|
1. |
Renewal application in the prescribed format |
|
2. |
Trademark registration certificate |
|
3. |
Power of Attorney (if applicable) |
|
4. |
Supporting documents of applicant’s identity and address proofs |
Due Date for filing of Trademark Renewal
- The application for Trademark Renewal must be filed before its expiry.
- You may be able to file the trademark renewal application one year prior to the expiry of its registration.
- However, the exact due date is on or within six months prior to the date of expiry of its Registration.
- In case the registration of the trademark has lapsed as it was not renewed before its expiry, it can be renewed within six months after its expiry with an additional surcharge in government fee of trademark renewal.
- If the trademark application is not renewed, before its expiry or with additional fee within six months after the expiry date, then the trademark registration gets cancelled.
- A Cancelled trademark can be restored if an application is filed within six months of cancellation.
Cost of Trademark Renewal
Consequences of Non-Renewal of Trademark
Trademark Renewal Benefits
- The registered trademark provides legal protection of stopping anyone from copying the business identity by filing a suit of infringement and can also seek compensation for illegal usage of the brands.
- Trademarks are the most valuable intangible asset that a company can have. You may earn a substantial license fee once you acquire significant goodwill on your brand.
- The most important of all the benefits is the unique identity that your brand will bring to you. It is worth protecting and renewing.
Conclusion
FAQs
Q1: Can I renew my trademark indefinitely?
Yes, there is no limit to the number of times you can renew your trademark in India. As long as you continue to meet the renewal requirements and submit the necessary documents and fees, you can renew your trademark repeatedly for a period of 10 years at a time.
Q2: What happens if I miss the renewal deadline for my trademark?
If you miss the renewal deadline for your trademark, there is a grace period of six months from the expiry date. During this period, you can still renew your trademark by paying additional fees. However, if you fail to renew even within the grace period, your trademark registration will be canceled, and you will lose its legal protection.
Q3: Can someone oppose the renewal of my trademark?
Yes, during the publication period in the Trademark Journal, third parties have an opportunity to oppose the renewal of your trademark. If an opposition is raised, you will have to respond to the opposition within the specified timeframe. Failure to address the opposition may result in the refusal or cancellation of the renewal.
Q4: Is it necessary to hire a trademark attorney for the trademark renewal process?
While it is not mandatory to hire a trademark attorney, it is highly recommended to seek professional assistance. A trademark attorney can ensure that the renewal application is accurately filed, help address any objections or oppositions, and guide you through the complex trademark renewal process to maximize the chances of a successful renewal.
Q5: Can a canceled trademark be restored after the grace period?
Yes, if your trademark registration has been canceled due to non-renewal and non-compliance with the trademark renewal process, you have a one-year window from the date of expiry to apply for restoration. To restore a canceled trademark, you need to file a restoration application along with the prescribed restoration fee which we have already discussed in the blog. It is important to note that restoration is only possible within this one-year period after cancellation.
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No need to stress about trademark renewal in India. This website provides a user-friendly roadmap to help you navigate the process smoothly.