Trademark Registration Renewal

Trademark protects your business’s logo/brand /image against infringement claims. However, a trademark once registered is valid only for ten years. The owner of the trademark is required to renew the mark once the ten-year validity expires. Renewal preserves your trademark rights; all the protection that comes along with the registration. Six months before the end of the 10-year tenure, the TM owner can renew the mark. If the owner fails to renew the mark within the stipulated period, an advertisement will be issued by the Registrar in the Trademark Journal, announcing the removal of the trademark from the register.

TRADEMARK RENEWAL

Once you receive the notification regarding renewal, you have two options:

1. Renew the mark as it is; or
2. Incorporate changes, and renew the mark.

Renewal can be undertaken either by the registered owner, or by an authorised representative or an agent. ‘Trademark opposition’ can be filed post renewal as well. So, it is very important to keep track of the status of renewal. Renewal can be done either online or physically. The cost for online renewal is Rs. 9000/- whereas it is Rs.10, 000 for physical filing. Once renewed, if there is no opposition, the trademark will be deemed to be copyrighted for another 10 years.

DOCUMENTS REQUIRED FOR TRADEMARK RENEWAL

- A copy of the registration certificate
- Copy of form TM-A
- ID and address proof of the applicant
- Power of attorney if the applicant is an authorised representative or an agent

RESTORATION OF TRADEMARK

If you fail to renew your registered trademark after the 10-year tenure, there is still a ‘restoration’ option. The word restoration denotes, allow the owner to bring back to or put back into a former or original state of the trademark, within one year of the expiry of the trademark. Restoration involves the payment of an additional fee, besides the renewal fee.