Trademark Renewal & Restoration Process

Trademark Renewal Process

1. Validity and Renewal Period

A registered trademark in India is valid for 10 years from the date of registration. To maintain its legal status, it must be renewed every 10 years.

2. When to Apply for Renewal?

• A trademark renewal application should be filed before the expiry date, typically within six months prior to expiration.
• If renewal is not done on time, a grace period of six months after expiry is available with payment of an additional late fee.

3. Required Documents for Renewal

• Copy of the trademark registration certificate
• Power of Attorney (if an agent is filing on behalf of the owner)
• Proof of identity and address of the applicant
• Renewal application form (Form TM-R in India)
• Payment of renewal fees

4. Filing the Renewal Application

• The renewal application (Form TM-R) is submitted to the Trademark Registry online or offline.
• Upon successful verification, the renewal is processed, and the validity of the trademark is extended for another 10 years.

5. Publication in Trademark Journal

• Once the trademark is renewed, it is published in the Trademark Journal, confirming the extension of protection.

Trademark Restoration Process

If a trademark is not renewed within the stipulated time (including the grace period), it is removed from the registry. However, there is an option to restore the trademark within one year from the expiration date.

1. When Can a Trademark Be Restored?

• If a trademark has been removed from the registry due to non-renewal, an application for restoration can be filed within one year from the date of expiry.
• Restoration is subject to the discretion of the Registrar, who assesses whether the non-renewal was unintentional.

2. Required Documents for Restoration

• Copy of the expired trademark registration certificate
• Power of Attorney (if applicable)
• Proof of identity and address of the applicant
• Application for restoration (Form TM-R)
• Payment of restoration and late renewal fees

3. Filing the Restoration Application

• The applicant must submit Form TM-R along with the applicable restoration fees.
• If the Registrar approves the application, the trademark is restored and renewed for another 10 years.

4. Publication in Trademark Journal

• The restored trademark is published in the Trademark Journal to notify the public and allow for objections, if any.
• If no objections are raised within the prescribed period, the trademark is restored successfully.

Consequences of Non-Renewal or Restoration

If a trademark is not renewed or restored within the allowed timeframe:

• The owner loses exclusive rights to use the mark.
• The trademark becomes available for registration by other businesses.
• The brand loses legal protection, making it vulnerable to infringement.

Conclusion

Trademark renewal and restoration are crucial for maintaining brand identity and legal protection. It is advisable for trademark owners to track renewal deadlines and ensure timely action to avoid unnecessary penalties or loss of rights. Consulting with a trademark attorney or professional can help streamline the process and ensure compliance with legal requirements.