Trademark Renewal

Renewal of Trademark” means the prolongation of Proprietorship period by filing an application in Form TM-12 accompanied a fees as prescribed. Every so often for eternity we re-register the trademark. Trade Mark renewal period is 10 years. Trade mark in India is renewable indefinitely as long as you continue to pay the renewal fees.

Each renewal is for a period of 10 years. When a trademark is not renewed, the mark risks deletion. So, it’s very important to check on renewal from time to time particularly when you are dealing with portfolio of Trademarks. If deadlines are not met, there can be serious and unfixable consequences.

So, Trademark renewal is the vital aspect of Trademark Management as it is a visual representation. The company should be protected from identity theft. You may file a request to renew your Trademark up to six months in advance of the registration or renewal expiration date.

The Registrar shall, before the expiration of the last registration of a given trade mark, send notice to its registered owner as a reminder that such registration is due for expiration, and under which conditions it can be maintained on payment of fees, and if registration has not been obtained under conditions prescribed by law or within five years from expiration after termination of protection then may remove Trade Mark in question from the register.

But, Cheer up because Trademark renewal applications can also be filed within six months from the date of expiration of registration or renewal as the case may be in a manner prescribed along with late filing fees.

Trademark Renewal Process in India

Application for Renewal

1. To apply for renewal of a trade mark, an application in Form TM-12 shall be made.
2. The request may be made by the holder of the trademark or its appointed representative.

Trademark Renewal Fee

There are 2 methods to request for a renewal, online and offline:

1. Offline submission (Physical filing): ₹10,000
2. Online submission: ₹9,000

As the online form is much easier to fill out and cheaper, it’s recommended to submit your application via the official online portal.

Trademark Restoration

If a trademark is not renewed within 10 years, the holder can still recover it. The recovery process is akin to renewal, but with the added commensal on crossing a due date.

Unregistered Trademark Misuse

When someone pretends their trademark is registered (when it isn’t), they can be punished:

1. Penalty: Imprisonment for up to 3 years, or fine, or both.
2. Some of the consequences if someone sells, rents or provides goods/services under a false or patent mark include:
3. Detention: At least six months but no more than three years.
4. Fine: Between ₹50,000 and ₹2,00,000.

How GarudaMudra helps in Trademark Renewal

At GarudaMudra, we help you in full assistance for Trademark Renewal. Our services include:

1. Gathering necessary information and getting started
2. Drafting the renewal application
3. Reviewing and making necessary corrections
4. Submitting the application to the authorities

GarudaMudra is reliable legal advisory support in regard to any trademark renewal services.

Call us now and get your trademark ready for the next 10 years.