Trademark Renewal
After 10 years of trademark, it can be renewed for another 10 years. Trademark renewal preserves those rights which are only available to a registered mark.

Overview

In commerce, a trademark is as powerful to protect a company's brand as the product itself. A visual symbol like a word, signature, name, device, label, numerals, or combination of colours used for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses, it sends a strong message and affinity for the audiences and consumers. The registration of a trademark is valid only for a period of 10 years. In case the owner fails to renew the trademark, then they shall lose all the protection that comes along with registration.

Documents Required

Trademark Owner’s details:

  1. Identity proofs (Aadhar/ Certificate of Incorporation)
  2. PAN card
  3. Authorisation letter

Trademark Details:

  1. Copy of the Registration Certificate
  2. Copy of TM-1


How is it done?

There are two kinds of renewal:

  1. Alteration and change of sign or logo of the registered trademark.
  2. Application made without any change of trademark.

Once the type of renewal is known:

  1. Trademark expert is authorised by the owner
  2. Renewal Application is drafted and filed with the trademark office
  3. An application for renewal is made in the form of TM-R.
  4. Trademark Office reviews for potential objections.
  5. If there is no discrepancy, the trademark is published and advertised in the Trademark journal.
FAQs
What are the benefits of Trademark Renewal?


The trademark registration is a kind of an intellectual property protection; under this a word or a visual symbol being used by any business to help distinguish its goods or services from that of the other similar goods or services which may be originating from a different business gets protected. This benefit will continue if the trademark is renewed.

What is the difference between a trademark registration and a Trademark renewal?

The trademark registration is quite different in documentation, procedure, the time required and fees from the renewal process. The trademark renewal is done within 6 months of completing the ten year time period. It is simple and easy to handle.

Can the renewal of trademark be filed after the expiry of trademark registration?

Yes, it is possible to do the trademark renewal anytime within 6 months of expiration of the expiry of the previous Trademark Registration by filing TM-12 with the prescribed late renewal fee. A delay of more than 6 months can be risky and shall attract extra fees and documentation. If the renewal process does not get completed within 12 months of the expiration of the trademark, the trademark gets abandoned i.e. removed from the trademark register.

When do I know that my Trademark is removed?

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.

My trademark has expired. By when I can file for the Trademark renewal?

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

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