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What is Trademark Renewal?

Trademark registration in India lasts 10 years, after which you must renew your trademark registration. The 10 years are counted from the day of application. Trademark renewal preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration. The registrar of trademarks will send you a letter of a reminder of the expiry of the trademark 6 months prior to its expiry. > Application for renewal of the trademark can be filed on or before 6 months, before the expiry of the registration in a prescribed form before the Registrar along with the requisite renewal fee.> A renewal request can also be filed within 6 months after the expiry of the renewal date along with the requisite late renewal fees.> If the request is not filed and the fees is not paid within the aforementioned periods, the trademark is liable to be removed from the Register.

Restoration of Trademark
  • The proprietor has to file a prescribed form [TM-13] to request restoration.
  • After receiving applications to either renew or restore the trademark, the Registrar shall advertise the mark once again and invite objections from people who have reason to believe that the trademark should not be renewed or restored.
  • Evidence in Support of Opposition: The opposing party has to produce evidence to support its objection within 2 months (extendable by one month) of receiving the copy of the counter-statement filed by the applicant. The party also has the option of refraining from producing any evidence and relying solely on the opposition notice.
  • After the lapse of the prescribed waiting period, if there are no objections raised, then the mark will be entered in the register of trademarks. The entry shall specify that the mark has been renewed for a period of 10 years.
  • False Specifications of goods or services: Filing a Trademark application under an incorrect class or a false description is wrong. This may lead to objections.
  • Restoration of a trademark includes an additional fee over the renewal fee of:
Procedure to renew Trademark
  • Myfiler Trademark will study your case to ascertain whether TM can be renewed or not.
  • Our team then prepare TM 12 and finalize the same after making the payment
  • After Filing the Trademark Renewal, we keep you updated about the same.
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