Indian trademark registrations last ten (10) years, with a renewal fee that is prescribed in the Trademark Act 1999. It’s your choice whether to renew your trademark or not before it expires. If you do not renew it, anyone can claim it after 10 years.
Renewal of Trademarks
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Whenever your trademark is renewed, it will continue to provide legal protection to your asset for another 10 years.
Within six months of the expiration of the trademark registration, you must file a trademark renewal request. You will be notified by the registrar of trademarks when your trademark registration is about to expire. The letter will provide information about the trademark expiration conditions and how to pay the renewal fee. Your trademark will be removed from the Trademark Journal, which is the official trademark register if the registration or renewal are not obtained as specified in the conditions.
Renewal of your trademark registration can be done in two ways.
- Submitted without any changes for renewal
- Changing signs or words in an existing trademark as part of the renewal application
You need to fill out a TM-R form which can be filed by the agent or representative of the owner of the trademark. The registered owner of the trademark doesn’t have to be involved in any way.
It is important to note that should the application be approved, the trademark will be republished in the official Trademark Journal. This will provide the owner with further legal protection as well as extend the trademark registration duration for another 10 years.
The renewal deadline has passed
If you miss the expiration deadline for a trademark renewal, there’s nothing to worry about. You can still file it within six months of the expiration date if you follow the prescribed procedure. However, there might be a late filing fee involved.
Filling out the renewal form
If you wish to renew the trademark of your company, you are able to do so both in person and online. However, there can also be a restoration of the trademark. You just need to decide which path you want to follow. In this article we will talk only about the renewal process.
MSME and individual startups need to pay 5000 rupees for renewal in-person, and 4500 rupees for e-filing. For renewal of certificates under section 25, the cost per certificate is 10,000 rupees in-person, and 9000 rupees for e-filing.
In addition to the cost savings, online form filling has other advantages as well, such as the ease of use.
- Compared to in-person renewals, quick and easy
- Filing made easy with convenient steps
- Keep track of your trademark status online on a regular basis
Forms and Procedures for Renewal of Trademarks
A trademark renewal application is completed on the TM-12 form. While it is possible for the owner to submit the application themselves, it is recommended to consider the assistance of a professional to complete the process. In addition to ensuring that your asset is secure and protected, it may be an authorized agent or representative.