Trademark Renewal

Trademark Renewal

A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems.

The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. On 6th March 2017, Government of India (GOI) notified new Trade Mark Rules, 2017, to streamline the application process, create benchmarks for filing trademark applications, promote e-filing and simplify the registration process.

The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. Let us have a look at the procedures to the renewal and restoration of trademarks in this article.

Renewal of a Trademark

Duration to renew a Trademark

  • The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
  • The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
  • The renewal can also be filed within six months after the date of expiry.

Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.

Forms

The following forms must be provided for renewal of a Trademark along with the allotted fee.

Form No. Purpose Cost
(physical filing)
Cost
(e- filing)
TM-R Application form for renewal of a registered trademark to be used by the registered proprietor Rs.10,000 Rs.9000
Application for renewal with a surcharge of registration of a Trademark Rs.5000 + Renewal fee Rs.4500 + Renewal fee
TM-18 Affidavit in support of the statement of the case

Restoration of a Trademark

Mandatory notice from the Office of the Registrar of Trademarks

The Office of the Registrar of Trademarks will send a notice six months prior to the proprietor informing about the deadline for renewal of the trademark. Upon non-renewal of the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.

However, the Trademark can be restored by filing an application along with the required fee.

Duration to restore a Trademark

  • Trademark can be restored after six months and within one year from the date of expiration of the last registration of the mark.

Forms

The following forms must be provided for renewal of a Trademark along with the fee.

Form No. Purpose Cost
(physical filing)
Cost
(e- filing)
TM-R Application for renewal with surcharge/ restoration and renewal of a Trademark Rs.10,000 + Renewal fee Rs.9000 + Renewal fee
TM-18 Affidavit in support of the statement of the case

The following members can file the applications for renewal or restoration

  • The proprietor of the registered trademark
  • An agent associated with the registered trademark