Trademark Renewal Process | Renew Your TM Registration In India

Published on 23 Feb 2020 by Shivi

The brand name of a business is considered as the identity of its products or services, and something through which, all its existing and new customers recognise it. The protection to such brand name/goodwill of the business is granted by Trademark Registration in India. However, such TM registration is granted for a prescribed period and is subject to renewal. In this guide, we’ll discuss the process of Trademark Renewal, its requirements, and time period for TM renewal in India.

Trademark Registration In India

The registration of a Trademark is granted to a business for any word, symbol, mark, image, slogan, phrase, etc. it uses to represent its goods or services. The Trademark helps the business to segregate its products or services from that of its competitors in the market and enables customers to identify the goods or services from their mark. To register a Trademark in India, an application for Trademark registration is filed, after which, the Trademark is given a protected status for a certain period.

What is Trademark Renewal? 

Trademark registration in India has a validity period of 10 years after which, it needs to be renewed. The basic requirement for Trademark renewal in India is to file an application for renewal before 6 months from the date it is set to expire.

The common practice is that the Trademark holder receives a notice reminder from the Trademark Registrar’s office to renew the Trademark registration before 6 months of the expiry date so that the owner does not go through the unnecessary hassle that comes with late filing of Trademark renewal application.

In case of non-renewal or no response to the notice from the Trademark Registrar’s office, the Trademark owner is sent a statement wherein it is clarified that the mark would be removed from the Trademark Journal if the owner fails to renew in time.

What Is the Procedure of Trademark Renewal? 

The process of Trademark renewal in India can be done in 2 ways, either to apply for the renewal along with changing any part of the Trademark along with it, or renew the Trademark registration without any changes to the mark.

An application of Trademark renewal is made in form TM-12 and can be filed by either registered owner of the Trademark or an agent authorised by them. It is critical to keep a track of the Trademark renewal application and stay updated about the Trademark status until the process is completed.

Once the Trademark renewal application is filed, the applicant is reviewed by the Trademark registrar for information verification and quality check. When the registrar is fully satisfied with the findings, the application is accepted and the Trademark registration is renewed. When the Trademark renewal application is accepted by the Registrar, the mark is renewed for another 10 years, after which the same process has to be repeated.

ALSO READ: Meaning Of Different Trademark Application Status In India

Trademark Renewal Process After Expiry Of Renewal Period

When the Trademark owner fails to renew the mark after 6 months from the date of its expiry, a different renewal process is followed. The process of Trademark renewal after the expiry period is to file for restoration of the Trademark by filing the TM-13 form along with the prescribed fee of INR 5000.

However, this application can only be filed when one year has not passed from the date of Trademark expiration. After the Trademark restoration application is accepted, the Registrar publishes the mark in the Trademark Journal and in case of no opposition from any third-party, the owner gets the Trademark back.

Trademark registration, objection, opposition or renewal can be complicated, and it advised to consult good Trademark consultants/lawyers in India to get the best assistance and guidance with the Trademark of a business. Legistify has a wide network of top Trademark lawyers and consultants. Call us at 8468833013 or send us an email at [email protected].

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