Trademark Renewal

OVERVIEW

Trademark Renewal

A Trademark is an Intellectual property and once it is registered it is valid for 10 years from the date of its application filing. Before the expiry of Trademark, it would be the rationale to renew it so that it can be continued in the register of Trademarks Authority.

An application for Renewal of Trademark has to be made in Form No. TM-R with a specified fee of Rs. 9,000 (online) Rs. 10,000 (Offline) and professional fee Rs. 1,999 to the registrar of Trademarks and on receipt of such form he will update the entry in Trademark Register as it is renewed for another 10 years.

Time Limit of Trademark Renewal:

Trademark can be renewed before the expiry of one year or 6 months of Trademark and after 6 months of its expiry.

Renewal of Trademark as per Rule 57 and 58 of Trademark Rules, 2017

As per Rule 57 and 58 of Trademark Rules, 2017, a Trademark is required to be renewed within one year from the date of its expiry.

Renewal of Trademark as per Rule 63 and 64 of Trademark Rules, 2002

As per Rule 63 and 64 of Trademark Rules, 2002, a Trademark is required to be renewed within six months from the date of its expiry.

Renewal of Trademark after the expiry of Trademark

A Trademark can be renewed within 6 months from the date of its expiry.

Consequences for Failing of Trademark Renewal

As we know, the Trademark should be renewed before or expiry of 6 months from the date of its expiry but failing to do so the registrar may “REMOVE” the trademark from the trademark register.

Documents Required for Trademark Renewal

The Following are the required documents for Renewal:

1. Copy of Certificate of Trademark or Trademark Application Number

2. A Signed Copy of Power of Attorney in favor of Attorney

3. Address Proof & Id Proof of the Applicant

Restoration for Trademark

When the Trademark is expired for renewal or a Trademark owner fails to renew the trademark it may be removed by the registrar. However, a Trademark can be restored with a late fee between 6 months to 12 months after the expiry of its renewal.