Trademark Renewal

An Overview of Trademark Renewal in India

Brand registration trademarks assist in building trust, quality, reliability, and goodwill in the minds of customers. Especially when you trade it on online platforms like Flipkart, Amazon, etc., it provides you with a distinct identity.

After 12 months from the date of expiration, if the trademark registration holder does not renew the registration, the trademark will be removed from the register of trademarks or the Trademark Journal. In addition, the registrar must send notice prior to the expiration date of the trademark. Alternatively, a fine can be paid within 6 to 12 months after the date of expiry to renew the license.

Documents for Renewal of Trademark

• Copy of the trademark Registration Certificate
• The representing of the applicant requires Power of Attorney as evidence
• Identification and Address proof of the applicant
• Copy of Trademark Registration Application Form

Trademark Renewal – Checklist

• The trademark should be in the name of the business owner or the entity itself
• The date of expiry must be close.
• There should not be an existing conflict. In case there is one, then the applicant must take an expert opinion.

Process for Trademark Renewal in India

The trademark renewal in India can be without a change or with a change to the logo or emblem, as the applicant wishes.

The process for renewal of the trademark goes as follows:

• The application for the renewal of the trademark must be submitted through Form TM-R.
• The application for renewal can be made by the applicant or an authorized representative entity assigned by the applicant or someone who is holding the trademark.
• Renewals will be valid for ten years, and the applicant should continuously check the status of the application to ensure that the registrar has successfully processed it as expected.
• An accepted trademark would be announced in the official journal of the trademark registry, the trademark journal, which governs the acceptance or rejection of trademark applications.
• Both physical filing and online filing are possible with different charges.

Trademark Restoration

There are often cases in which business owners or management fail to renew a trademark on time or before its expiration date. Consequently, the trademark holder can proceed to restore such rights pursuant to section 25(4) of the Trademark Act, 19999. It should be done within a maximum of 12 months following the date of expiration, along with the payment of fines as prescribed.

Frequently Asked Questions