Trademark Renewal in India

Trademark Renewal means to extend the term period of trademark registration by filing TM-12 with the prescribed fee. We renew the trademark from time to time for an unlimited period. Trade Mark renewal term is for 10 years. Trademark can be renewed in India for an unlimited period, provided renewal fees are being paid on a timely basis.

Each Trademark renewal is valid for 10 years. If a person fails to renew the trademark, the mark becomes liable to remove. Therefore, renewal from time to time is very important, especially when a portfolio of Trademarks needs to be managed. There could be serious irreparable repercussions if one fails to meet the timeline.

Therefore, Trademark renewal is the core part of Trademark Management because Trademark is a graphical presentation. The identity of the business needs to be protected from infringement. Trademark Renewal requests can be filed within six months before the expiry of registration or renewal.

Even before the expiry of the last registration of a trademark, the Registrar shall send the notice as a reminder to the registered trademark owner regarding expiration and the conditions as to the payment of fees and, if the registration has not been obtained as per the prescribed conditions, then the Registrar may remove the Trade Mark from the Trade Mark register.

But, don’t worry, Trademark renewal requests can also be filed within six months after the expiry of registration or renewal as the case may be in the prescribed manner along with late filing fees.

Eligibility Criteria for Trademark renewal

The eligibility criteria for Trademark renewal are as follows:

Trade Mark Renewal can be in two ways:

• One can apply for renewal to change any sign or words in the existing trademark or
• One can apply for renewal without any change.

Documents Required for Trademark renewal

To file the renewal application of a registered trademark, the applicant, along with the renewal application form TM-12, must submit the following documents to the Registrar of Trademarks (RoT):

1. Certified copy of the concerned trademark registration certificate.
2. Certified copy of the form TM-A used for the trademark registration application.
3. Proof of Identification of the applicant.
4. Proof of Residence of the applicant.
5. Power of Attorney if the applicant is an authorized representative of the trademark owner.

Process for Trademark renewal

Following is the process of trademark renewal

• Application of renewal shall be made in form TM-12
• Either the registered owner shall make an application of the trademark or his authorized agent.

Trademark Renewal processing Fee

There are two ways to submit an application for trademark renewal. The applicant can either visit the official premises of the concerned department or apply for Trademark renewal online at the official website. Both options are available to the applicant. The license renewal fee varies with the application mode. 

• If the application is filed physically, the trademark license renewal cost is ten thousand rupees.
• If the application is filed online, the trademark license renewal cost is nine thousand rupees.

As you can see that the online renewal application fee is cheaper, it is recommended to file your renewal application online. This is done so to take these registration processes online.

Trademark Restoration

After ten years, if the trademark is not renewed, the person still has the option of trademark restoration. The restoration is similar to the renewal process, but the applicant has to pay an additional fine for crossing the expiry date.

Unregistered Trademark Renewal

Suppose any person falsely represents that a trademark is registered for any goods or services. But in actuality, the trademark is not registered. In that case, he/she is punishable with imprisonment for a term that may extend to three years or with a fine, or both.

Any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, good or things, or provides or hires services, to which any unauthorized trademark or false trade description is applied is punishable with imprisonment for a term of not less than six months and upto three years. A fine can also be levied to an amount of not less than rupees fifty thousand to a maximum of rupees two lakhs.