Answer By law4u team
In India, a trademark registration is valid for 10 years from the date of registration, after which it can be renewed indefinitely in periods of 10 years. The process of renewing a trademark registration in India is relatively straightforward. Here’s how you can renew your trademark: 1. Eligibility for Renewal: The trademark owner must apply for renewal before the expiry of the 10-year term. It’s recommended to apply for renewal about 6 months before the expiration date. The renewal can also be done within 6 months after the expiration date, but with a late fee. 2. Procedure for Renewal: Step 1: Application for Renewal Form TM-R: To renew your trademark, you need to file Form TM-R with the Registrar of Trademarks. This form can be filed online through the Official Website of the Controller General of Patents, Designs, and Trademarks. Details Required: The application must include the trademark registration number and other details to verify that the mark is still in use and has not been abandoned. Step 2: Payment of Fees Renewal Fees: The prescribed renewal fee must be paid along with the filing of Form TM-R. The fee varies depending on whether you are an individual, startup, or company. For individual/startup: INR 4,500 (for e-filing). For others (companies, firms, etc.): INR 9,000 (for e-filing). Step 3: Confirmation of Renewal After submission, the Registrar will examine the renewal application. If everything is in order, the trademark will be renewed for another 10 years. You will receive a renewal certificate as confirmation of the renewal. 3. Late Renewal: If the trademark is not renewed within the prescribed 10-year period, the renewal application can still be filed within 6 months after the expiration by paying a late fee. The late renewal fee is an additional amount that will be added to the standard renewal fee. This fee is subject to the Registrar's discretion and varies depending on the period of delay. 4. Consequences of Non-Renewal: If a trademark is not renewed within the allowed period (including the grace period), the trademark registration will expire. Once the registration expires, the trademark owner loses the exclusive rights to the trademark, and the mark becomes available for others to register. 5. Things to Keep in Mind: Use of the Trademark: The trademark must be in use or continue to be used in commerce for the renewal process. Failure to use the trademark may lead to objections. Checking Renewal Date: Ensure that you keep track of your renewal date. You can check the renewal status of your trademark through the Trademark Search tool on the IP India website. Summary: To renew a trademark in India, file Form TM-R online, pay the prescribed renewal fee, and submit the application before the expiry of the 10-year term or within the 6-month grace period with a late fee. Ensure that the trademark is in use and that all documentation is accurate to avoid any issues with the renewal process.
