Trademark Renewal

Trademark renewal in India is the process of renewing a registered trademark’s validity for an additional ten-year period. The trademark renewal application can be filed six months before the expiry of the brand or within six months from the expiry date with the payment of the prescribed fee. The renewal ensures that the trademark remains valid and protected under the Trademarks Act 1999.

A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, and names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act of 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems.

The validity period of the trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. On 6 March 2017, the Government of India (GOI) notified new Trade Mark Rules 2017 to streamline the application process, create benchmarks for filing trademark applications, promote e-filing and simplify the registration process.

The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. Let us have a look at the procedures to the renewal and restoration of trademarks in this article.

Duration to renew a Trademark

• The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
• The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
• The renewal can also be filed within six months after the date of expiry.

Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.