A key element of having protection over your brand through trademarks is that it allows indefinite protection over the mark, as long as you meet certain criteria of trademark renewal. Hence, once you have completed your trademark registration, your actual duty towards protecting your intellectual property starts. All registered trademarks need to undergo the trademark renewal process every 10 years. In this blog, we will cover what the online trademark renewal procedure means, when the trademark renewal process is due in India, and how you can keep your mark safe with it.
One of the essential characteristics of trademarks in India is that its protection lasts a lifetime if you keep on filing the renewal forms timely, as per the prescribed trademark renewal procedure in India. As a result of the trademark renewal process, the term of protection over a registered trademark lasts for another term of 10 years. Hence, renewal of trademark is essential to gain the competitive advantage today.
Once the appropriate forms and the fees are paid by the registered owner, the Registry shall renew the trademark application and the status of the trademark application is changed within a few weeks of time.
The renewal of a trademark becomes due every 10 years post its registration. Hence, for all the trademark owners, who understand the importance of trademark registration, it is vital to undergo the trademark renewal procedure in India in a timely manner. You can do this easily by keeping a track on the date of renewal, to avoid any lapse in protection.
The complete protection over a mark starts after the trademark registration process. However, the validity of this protection, ieThe duration of trademark renewal starts from the date of application. Hence, trademark registration in India is valid for a period of ten years from the date of application.
| Trademark application | 01/02/2010 |
| Trademark registered | 05/05/2012 |
| Trademark valid up to | 31/01/2020 |
The trademark application was filed on 1 st February 2010 and after clearing discrepancies (if any) it got registered on 05 th May 2012. Here the validity of 10 years starts from the date of application which is 1 st February 2010. Hence the trademark is valid up to 31 st January 2020. Hence, in the above example, the trademark gets due for renewing on 1 st August 2019.
Below are the details of the fee for TM renewal along with the details of surcharge fee for delay in filing trademark renewal:
If a trademark application is to be renewed, a request for trademark renewal can be filed in Form TM – R along with the prescribed fee. The cost of physical filing is INR 10,000/- and the cost of filing the same electronically is INR 9,000/-.
In case a registered trademark owner has missed filing an application request for trademark renewal procedure in India, then they can pursue trademark renewal by filing a surcharge over and above the regular trademark renewal fees as prescribed by the Indian Trade Marks law. Besides, the surcharge is INR 4,500/- for e-filing of trademark renewal; and INR 5,000/- for physical filing of trademark renewal.
Moreover, if you do not complete the trademark renewal process, the registry will remove your mark from the records of the trademark registry.
The following steps will help you get the filing of trademark renewal form easily:
Once your filing of a TM application is complete, you will be able to keep a track of all different types of trademark status in India. Doing so regularly will help in keeping a track of the trademark renewal date.
The next step is to submit the trademark form to the appropriate trademark jurisdiction in India. You can do this either online or offline, the choice is yours. Online filing of the trademark renewal form is very popular as it eliminates a lot of unnecessary printing costs.
On the basis of your mode of filing the TM renewal form, you need to pay the applicable fees as well.
Once the payment of the fee is complete, the registry issues an e-receipt. Moreover, the registry also verifies the information in the form with supporting documents. After verification, the officer shall provide the approval of renewal. This approval marks the completion of your trademark renewal procedure in India for the next ten years.
It is an important fact that the trademark registry only gives protection to marks that are used in the course of trade. Hence, after registration and renewal of a trademark, it is important for the business owners to constantly use their trademarks with respect to their goods and services.
In case, the registered proprietor has failed to file a request for renewal for some reason, then, there is an option of restoring the trademark application. A trademark application can be restored by putting in a request for trademark restoration at the trademark registry. After considering the genuinity of such a request, the Trademark Registry may restore the trademark and the registered trademark is renewed for a period of another ten years.
Upon the approval of the application for trademark restoration, the registrar publishes the mark in the Trademark Journal and in the event the owner retrieves the mark in the event there is no objection from any third party.
For the renewal process, the need for documents is not as dire as the documents required for trademark registration in India. However, there are still certain specific documents that you will need to complete the trademark renewal process smoothly. Let’s see:
Trademark creates a brand and adds value to an entity. Hence, it is an asset of the entity. Every asset has a certain life and this applies to the trademark also. It is valid for 10 years. For continuous use, a request for renewal must be filed before the expiry date. It can be renewed by paying the prescribed fees for the application in the stipulated time period as discussed above. However, if you file an application for renewal after the expiration, the Trademark Registry charges additional late filing fees. One can also pursue trademark registration online.
LegalWiz.in has a reliable team of experts who are capable of assisting you in any of your trademark-related queries. All Trademark stages are complex. Hence, it is always advisable to pursue professional advice rather than pursuing DIY methods. We aspire to keep you informed about the trademark-related processes with transparency. In furtherance of bringing an end to your trademark-related queries and hassles through our trademark registration services.
The applicable form for trademark renewal in India is the form TM – R.
Is power of attorney mandatory in renewal process?The power of attorney is mandatory only when you are applying for registration or renewal through a third party attorney.
What happens if a trademark is not renewed?In case a trademark is not renewed during the given time frame, the registry will remove it from the journal of trademarks. Hence, losing its protection.