Trademarks are graphical marks that assist people in identifying the company or individual who has produced a particular product or service. These marks can be registered with the Trademark Registry Offices under the Trademark Act of 1999. Trademark registration in India is valid for 20 years and can be renewed indefinitely. However, the process of renewal is quite tricky, to say the least, keep reading to know more.

In India, there are five trademark registry offices mainly in,

• Mumbai
• Delhi
• Kolkata
• Chennai
• Ahmedabad

When a trademark is registered, the owner gains exclusive rights to its use and is legally protected from anyone infringing on those rights. Registered trademarks have a ten-year restriction term. If a trademark has not been used for five years, it may be canceled at the request of another party.

Trademark Renewal Procedure

The trademark owner must file a prescribed form [TM-12], which is an application for renewal, with the Registrar. This application must be submitted within 6 months of the registration’s expiration date.

If no application for renewal has been lodged 1 – 3 months before the registration’s expiration date, the Registrar shall send a notification to the proprietor alerting him of the forthcoming renewal deadline. Keep in mind that if a notice of renewal has not been served, no trademark can be revoked.

Along with the renewal application, the proprietor must pay the necessary renewal fees. If such payments are not paid, the Trademark will be removed from the register.

Consequences of Trademark Renewal

The ramifications of failing to renew a trademark are quite serious. If no renewal application is received, or if the renewal fee is not paid by the proprietor, the Registrar may remove the mark from the register.

Before eliminating a trademark, the Registrar must first notify the public of his intention to do so by publishing a notice of his intention to remove it from the trademark journal.

Failure to renew a trademark affects not just the proprietor, but also all those who have been assigned or allowed to use the trademark. It also has an impact on your legal rights because failing to renew your trademark undermines your legal position.

Trademark Renewal Timeline

• According to Trade Mark Rules 2017, specifically Rules 57 and 58, trademark renewal must be undertaken and registered within one year before the date of expiry.
• According to Rules 63 and 64 of the Trade Mark Rules 2002, the renewal must be filed within six months before the date of expiry.
• Renewals can also be filed after six months of the expiry date.

Failure to renew a mark within six months of its expiry date will result in the mark being removed from the Register of Trademarks.

Trademark Renewal Assistance from Zolvit

If you’re up for a trademark renewal, get in touch with our team today!