Registered trademarks have a 10-year validity and can be renewed indefinitely. The Registrar has set a wide window for you to do so, beginning from 6 months before the date of expiry. Even if you've forgotten, as even large organisations tend to do, you will be sent a notice to the registered address regarding the expiry before the 6 months is up. If you still do not file for renewal, the Registrar may advertise its intention to remove the trademark in the Trade Marks Journal. This is, however, likely to happen only 12 months after the expiry date. Between 6 and 12 months after expiry, trademark registration can be renewed on payment of a fine through a process called restoration.
The procedure for filing an application for renewal of a trademark in India is as follows:
Request to renew a trademark in India can be filed within six months BEFORE THE EXPIRY of the registration / renewal term if accompanied by the requisite renewal fees on the prescribed form.
Request to renew a trademark in India can also be filed within six months AFTER THE EXPIRY of the registration / renewal term if accompanied by the requisite late renewal fees on the prescribed form.
Advantages of Trademark Renewal
If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven't registered the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, trademark registration is essential. Business Opportunity trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald's. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements. Unique Identity You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.
Trademark Renewal Process
1 WORKING DAY
As soon as you send us your details, a representative will get in touch to find out more about your requirements and explain the process and charges to you. Charges would depend on whether you need the trademark renewed or restored.
5 WORKING DAYS
Our lawyers will start working on your trademark renewal application and prepare the relevant documents. Either Form-10 or Form-12 would need to be filed with the Registrar, along with the renewal fees.
We will keep you up-to-date on the status of your application, but within four to five months you will receive confirmation that your trademark has been renewed for another 10 years.
Documents To Be Submitted
TM Certificate | Certificate of Trademark Registration (if any)
Details of the Party | Name and description of the assignor and assignee
NOC | No Objection Certificate from the original owner of the registered trademark