Mr Compliance

TRADEMARK RENEWAL

India is growing leaps and bounds as a destination for commerce. With it, the demand for trademark registration is growing. Trademarks also need to be renewed every 10 years, so we’re going to see an even bigger jump in the total trademarks in existence in India over the years. Preferably, the trademark renewal must be filed before the expiry of the mark. At least six months before, to be exact. The trademark renewal application form should be prepared and filed before the deadline to enjoy the continuous protection of the trademark without any chances of litigation.

In doing so, the trademark renewal extends the term of the trademark by another decade. This is done by filing TM-12 with the prescribed fee of Rs. 4000. In case a person fails to renew the trademark, the mark becomes liable to be removed (though a trademark restoration is also possible).

All You Need To Know About TRADEMARK Renewal

Trademark Journal
The Trademark Journal is an official gazette of the Trademarks Registry. If the Trademark Examiner governs that the application is acceptable, then the trademark is advertised in the Trademark Journal. While application is advertised, third-parties have an opportunity to oppose registration of the mark. This process is not needed while renewing an existing trademark.
What If the trademark expires?
If you don’t apply for the renewal of the trademark within six months after the expiry, there’s still hope, as you can apply for a restoration. However, this can only be done within one year of the expiration of the trademark.
Renewal Process and Forms
  • The trademark renewal can done be in two ways: 
    1. You can apply renewal to change any sign or words in the already existing trademark; or
    2. You can apply renewal without a change.
  • The application of renewal is made in form TM-12
  • The application can be made by either registered owner of the trademark or an agent authorized by him.
  • It is very important that you take the help of a professional to file for renewal of a trademark application to ensure that the mark is well protected. This is because you may want to broaden the scope of protection. After all, if your brand has survived 10 years, it’s likely that it would have outgrown the classes you had first registered it under.
  • Filing a trademark renewal application extends protection by another 10 years. The trademark registrations are valid for another 10 years, and must be renewed again before expiry.