Trademark Renewal



Trademark Renewal

Trade mark protection in India is perpetual subject to renewal of the registration after every 10 years. The application for renewal can be filed six months before the expiry of the validity period of the trade mark.

F.A.Q

Trademark renewal is a process to renew your trademark again after the expiry of 10 years.
If you forgot to file your trademark renewal, then you can still do the trademark renewal anytime within the period of 6 months after of the expiry of the previous period. Trademark renewal application can be filed with form TM-R with the prescribed renewal late fees.
The trademark has a validity of 10 years after which you need to renew the registration. One can register within 6 months before expiration, after six months of expiration or within one year of expiration.
Yes, in case the trademark is removed from the register the owner can still restore it by filing TM-10 and TM-13 forms along with the prescribed fee within one year of the trademark expiry.
If the owner does not apply for renewal of the trademark within the time limit, the trademark shall be removed from the register.
Yes, if a trademark is not in use for 5 consecutive years from the date of registration or not used for 3 months before the date of application for removal, then it can be removed.
No, the former trademark owner does not have the right to oppose the registration since he/she does not own the particular trademark. Once a trademark expires, it becomes available in the public domain, and anyone can apply it for registration. So it is very essential for the trademark owner to apply for renewal.
No, once a trademark has been registered in a particular class, the same cannot be changed during renewal.
Yes, objection can be raised during trademark renewal.
No, it is not necessary that only the owner can apply for trademark renewal. Trademark Renewal can also be done by authorised agent, trustee, executor or administrator.