Biswajit Sarkar Blog Trademark Trademark Renewal in India

Trademark Renewal in India

In India, the registration of a trademark is valid for 10 years. Thus, the registered trademark should be renewed after every 10 years.  The registered proprietor can renew the trademark for 10 years either from the date of registration or from the date of last renewal by paying the renewal fees.

 Under Rule 57 of Trade Marks Rules, 2017, an application for trademark renewal may be filed through form TM – R along with the fees. The application for renewal can be filed not more than 1 year before the due date of renewal. The due date of renewal is considered from the date of registration or from the last renewal date. On receiving the renewal fees, the Registrar will renew the trademark for 10 years under the provision of Section 25(2) of the Trade Marks Act,1999.

Notice before removal of Trademark from the register

According to Section 25(3) of Trade Marks 1999 and Rule 58 of Trade Marks Rules, 2017, if no application for trademark renewal in India has been filed, the Registrar will serve notice through RG – 3 to the registered owner or to the authorized attorney for renewal of trademark. It is served not more than 6 months before the expiration of the registration of the trademark.

Removal of Trademark

When any trademark is due for renewal, it can be renewed at any time within 6 months after the actual date of registration. If the renewal fee is not paid within the specified period, the Registrar will remove the trademark from the register subject to Rule 60.

Advertisement of removal of Trademark from the register

Under Rule 59, the Registrar may remove the trademark from the register. It is done for non-payment of renewal fees after the registration expires. The removal is advertised in the journal.

The Registrar will not remove the trademark if the renewal fees are paid with surcharge under proviso to sub-section (3) of Section 25. This payment should be made within six months from the expiration of the registration of the trademark.

Restoration and Renewal of Trademark in India

Under Rule 60, an application for restoration and renewal of a trademark can be made within 1 year from the expiration of the registration of the trademark. The application should be filed through TM-R along with requisite fees.

Notice for Renewal and Restoration of Trademark

A notice is sent to the registered proprietor on the renewal and restoration of the trademark. The provisions for the same is under Rule 61 of the Trade Marks Rules, 2017. The trademark, when restored and renewed, will be advertised in the Trademark Journal.

Benefits of Trademark Renewal

Legal Protection

In the court, one may take legal action against anyone who infringes upon the trademark.

Continuous Ownership Rights

The owner gets an extension on his exclusive rights. He continues to enjoy his rights for a further period of 10 years. Thus, it continues long-term protection. 

A Different Identity

The very first stage in guaranteeing your customers’ contentment in identifying your services or products with your brand is to register your trademark. Following that, the legislation will prohibit the registration of any comparable terms or slogans for any other goods or services.

Brand Name Security

Renewal of a trademark ensures the indefinite protection of the brand name is and without interruption, as well as providing security. Disappointment and failure to renew the trademark results in the loss of legal protection for the brand name.

Trademark Renewal fees in India

The trademark renewal fees in India for each class is Rs. 9,000 for e-filing and Rs.10,000 for physical filing.

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