Trademark Renewal Everything you need to know

The trademark owner can renew the trademark indefinitely every ten years. The registrar provides trademark holders six months before the end of the decade for trademark renewal and continues to enjoy the rights granted. 

If the trademark renewal fails, the registrar will post an announcement in the trademark publication, indicating that the trademark is revoked. 

After ten years, if the trademark is not renewed, the person can still choose to restore it, which means that the renewal can be done after the payment of a fine.

However, before going for trademark renewal, make sure it is registered. Therefore, go for trademark registration online and get your mark registered with the help of an expert.

How to renew a trademark?

The validity period of a registered trademark is only ten years, after which it must be renewed. 

The trademark registrar will send you a trademark expiration reminder six months before the expiration of the trademark. 

When you want to update your brand, you have two options:

  • Update the trademark as it is. 
  • Update the brand through changes. 

The trademark renewal application is a TM-R form. 

The application does not need to be submitted by the registered trademark owner. 

However, an authorized representative or agent can submit it.

After applying, you can also track the status of the application to avoid opposition to the trademark registration. 

Once the application approves, the trademark will publish in the official journal of Trademark Magazine. 

If the trademark is published, the trademark owner gets protection for an additional ten years. 

Trademarks may renew indefinitely.

Trademark Renewal Fee

The price of trademark renewal depends on whether It is in person or online.

  • If you deposit to renew, it costs 10,000 rupees.
  • For online via e filing, the cost is Rs 9,000.

Documents for Trademark Renewal

  • A copy of the registration certificate. 
  • Copy of the TM A form (the form used for the initial trademark application)
  • Identity document and proof of address of the applicant.
  • Power of Attorney, if the applicant is an authorized representative or agent. 

Need of Trademark Renewal

  • There are many benefits to renewal. 
  • A trademark registration gives trademark owners many rights protected by law.
  • It also prevents trademark infringement. 
  • It also allows the holder to transfer the trademark to other people or companies according to their wishes. 
  • If the trademark owner has already registered the mark, the value of the trademark increases monetarily as well.

Trademark restoration

Sometimes a person forgets to update their trademark within a certain period. 

Don’t worry, you can still choose in this case.

In case it is not renewed, you can try to restore the brand. 

Article 25 (4) of the Trademarks Act 1999 allows for the restoration of trademarks, allowing individuals to apply for the restoration of trademarks.

It can restore within one year after the expiration of the trademark.

Brand restoration includes additional costs in addition to the trademark renewal fee:

  • If done by an individual, it will be 10,000 rupees,
  • If done online, it will be 9,000 rupees.

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