Renewal of Trademark in India

Renewal of Trademark in India. The process of registering a trademark in India is a lengthy one but it gives a shield to the trademark and its owners. However, the owner of the trademark must renew the registered trademark after every 10 years as per Section 25 of the Trade Marks Act, 1999, otherwise the mark is liable for trademark removal from the registry.
Before the completion of 10 years, a 6 months window is provided by the registrar to file the application for the renewal of the trademark. Moreover, a buffer period of 6 months to 1 year is provided to the owner by the registrar of a trademark.
NOTICE FOR RENEWAL OF TRADEMARK:

The registrar of the trademark is responsible for sending the O-3 notice to the trademark owner informing them about the renewal of the registered trademark.

The O-3 notice must be sent 6 months prior to the date of the expiry of the registered trademark.

A trademark can only be removed from the registry if the O-3 notice was duly served.

In case of non-serving of O-3 notice by the registry and non- renewal of the trademark by the owner due to no information, the trademark will not be removed.

Due to these processes, it is always advisable to file your trademark through a trademark attorney, who will be liable for all the proceedings till filing and trademark registration and moreover the trademark attorney will also be liable for renewal of your registered trademark. This removes the hassle and tension from the shoulders of the owner of the trademark.
TIMELINE FOR RENEWAL OF TRADEMARK
The renewal can be filed as per:
RULE 57 and 58: 1 year from the date of expiry
RULE 63 and 64: 6 months from the date of expiry
Moreover, the application for renewal of the trademark can also be filed 6 months after the expiry of the trademark.
FORMS & FEES FOR FILING TRADEMARK RENEWAL

IMPORTANT DOCUMENTS FOR RENEWAL OF TRADEMARK:

Trademark Registration Certificate

Address proof and photo ID proof of the applicant

Copy of Form TM-A (Application used to file the trademark)

Power of Attorney, if renewal is filed by a Trademark agent or trademark attorneys.

PROCESS OF RENEWAL OF TRADEMARK IN INDIA:

Filing of TM-R form along with the required documents.

The application is to be filed 6 months prior to the expiry of the trademark registration along with the prescribed fee and surcharges.

After filing the application, the applicant needs to keep a check on the status of the application.

Once the application is examined as per the trademark examination procedure and accepted, it is advertised in the trademark journal and any third party is free to contest opposition against the trademark.

If there is no trademark opposition for 4 months or all the opposition is cleared by the applicant, then the registered trademark is renewed for next 10 years.

In the case of Union of India & Ors. v. Malhotra Book Depot LPA 564/2012 the Court held that “the subjects of duration, renewal and restoration of registration are interlinked to each other, and one must begin at the beginning and legislative provisions cannot be read bereft of their placement and context. The process of sending the notice to the proprietor is mandatory and failure by the Office to follow the procedure in removing the mark stops all the subsequent requirements” i.e. the one-year restoration deadline.
Restoration of a mark applies only after the mark is removed as per Section 25 and Section 26. Since the Act does not provide limitation for restoration of the mark where it has been removed without following procedures individual circumstances have to be taken into consideration including whether the same or a similar mark has in the interregnum being registered by any other person etc.
A mark, even though it has been removed, still has legal rights which extend even one year after the mark has been removed, provided it has still been in use and no other similar mark has been registered.
In the present case, the Registrar was ordered to restore and renew the mark after determining if the respondent was the registered proprietor/successor of the registered proprietor of the registered trademark which has expired and that the same or similar marks had not been registered.
WHAT IF TRADEMARK RENEWAL FAILS?
If renewal of the trademark fails, the trademark is removed from the registry. The owner of the trademark loses all the rights and privileges related to that registered trademark. Moreover, the owner’s right to sue for infringement of trademark is also abolished and the trademark is open to the public and for use by anyone.
WHAT IS RESTORATION OF TRADEMARK?
A notice for renewal of the trademark is sent to the owner by the Office of the Registrar of Trademark. The owner needs to file the TM- R application 6 months prior to expiry of trademark.
Hence, the trademark will be removed if there is non- renewal of the registered trademark within the stipulated time period.
However, a trademark can be restored within 6 months to 1 year of its expiry by filing the TM-R form with the fee of Rs.10,000 + Renewal fee (offline) and Rs.9000 + Renewal fee (online).
CONCLUSION
The process of trademark registration is a time taking process but once completed you get protection of 10 years which can be extended after every 10 years. So, it is very important to file your trademark renewal application within the stipulated time period to ensure safety and protection of the trademark as well as the brand reputation associated with it.
The process of renewal of a trademark is very convenient but equally important for the owners of the trademark. It is always advisable to file your trademark with the help of a trademark attorney to ensure that all the processes are done smoothly, and you don’t need to worry about renewal of your trademark.
How Can Compliance Calendar Help?
Looking to secure your brand’s identity? Look no further than the Compliance Calendar! We’re your one-stop solution for all trademark needs. Whether you’re seeking to register a new trademark or stuck in a complex trademark procedure, our dedicated team is here to assist you every step of the way.
With Compliance Calendar LLP, you’ll not only get expert guidance on registering your trademark but also comprehensive protection throughout the entire process. Our experienced professionals will ensure that your mark is not only registered but also safeguarded against potential infringements at all stages of trademark registration. 
Why choose Compliance Calendar LLP? We offer personalized and attentive service, tailored to your specific needs and goals. Our commitment to client satisfaction means you can trust us to handle your trademark matters with efficiency, accuracy, and professionalism.
Ready to take the next step in protecting your brand? Connect with us today at 9988424211 or email us at info@ccoffice.in. Let Compliance Calendar LLP be your trusted partner in trademark registration and protection.
FREQUENTLY ASKED QUESTIONS

What happens if I don't renew my trademark in India?

Failure to renew your trademark within the stipulated time period leads to its removal from the registry. This results in the loss of all rights and privileges associated with the trademark, including the ability to sue for infringement.

When should I start the renewal process for my trademark?

The renewal process should ideally begin six months before the expiry date of the trademark registration to ensure timely renewal and avoid any lapses in protection.

Is it necessary to hire a trademark attorney for the renewal process?

While not mandatory, it's highly advisable to engage a trademark attorney for smooth and hassle-free processing of your trademark renewal. An attorney can handle all aspects of the renewal process, including filing the necessary forms and ensuring compliance with legal requirements.

What is the timeline for trademark renewal in India?

Trademark renewal can be filed either one year or six months before the expiry date, or even up to six months after the expiry date, with certain conditions and fees applicable in each case

What documents are required for trademark renewal?

Essential documents for trademark renewal include the Trademark Registration Certificate, proof of address and photo ID of the applicant, copy of the TM-A application, and a Power of Attorney if the renewal is filed by an agent or attorney.

Can a trademark be renewed after its expiry date?

Yes, the renewal process allows for flexibility even after the expiry date of the trademark. While it's preferable to initiate renewal proceedings beforehand, the trademark can still be renewed within six months after expiry, albeit with additional fees and conditions. This ensures that trademark owners have a grace period to maintain their rights even if they miss the initial deadline.

Can a trademark be restored after it has been removed from the registry?

Yes, under certain circumstances, a trademark can be restored within a specified period after its removal from the registry by filing the TM-R application along with the prescribed fee.

Why should I choose Compliance Calendar LLP for trademark services?

Compliance Calendar LLP offers comprehensive trademark services tailored to your specific needs. With expert guidance, personalised attention, and a commitment to client satisfaction, they ensure efficient and professional handling of all trademark matters, from registration to protection against infringements.

The process of registering a trademark in India is a lengthy one but it gives a shield to the trademark and its owners. However, the owner of the trademark must renew the registered trademark after every 10 years as per Section 25 of the Trade Marks Act, 1999, otherwise the mark is liable for trademark removal from the registry.

Before the completion of 10 years, a 6 months window is provided by the registrar to file the application for the renewal of the trademark. Moreover, a buffer period of 6 months to 1 year is provided to the owner by the registrar of a trademark.

NOTICE FOR RENEWAL OF TRADEMARK:

The registrar of the trademark is responsible for sending the O-3 notice to the trademark owner informing them about the renewal of the registered trademark.
The O-3 notice must be sent 6 months prior to the date of the expiry of the registered trademark.
A trademark can only be removed from the registry if the O-3 notice was duly served.
In case of non-serving of O-3 notice by the registry and non- renewal of the trademark by the owner due to no information, the trademark will not be removed.

TIMELINE FOR RENEWAL OF TRADEMARK

The renewal can be filed as per:

RULE 57 and 58: 1 year from the date of expiry

RULE 63 and 64: 6 months from the date of expiry

Moreover, the application for renewal of the trademark can also be filed 6 months after the expiry of the trademark.

FORMS & FEES FOR FILING TRADEMARK RENEWAL

IMPORTANT DOCUMENTS FOR RENEWAL OF TRADEMARK:

Trademark Registration Certificate
Address proof and photo ID proof of the applicant
Copy of Form TM-A (Application used to file the trademark)
Power of Attorney, if renewal is filed by a Trademark agent or trademark attorneys.

PROCESS OF RENEWAL OF TRADEMARK IN INDIA:

Filing of TM-R form along with the required documents.
The application is to be filed 6 months prior to the expiry of the trademark registration along with the prescribed fee and surcharges.
After filing the application, the applicant needs to keep a check on the status of the application.
Once the application is examined as per the trademark examination procedure and accepted, it is advertised in the trademark journal and any third party is free to contest opposition against the trademark.
If there is no trademark opposition for 4 months or all the opposition is cleared by the applicant, then the registered trademark is renewed for next 10 years.

In the case of Union of India & Ors. v. Malhotra Book Depot LPA 564/2012 the Court held that “the subjects of duration, renewal and restoration of registration are interlinked to each other, and one must begin at the beginning and legislative provisions cannot be read bereft of their placement and context. The process of sending the notice to the proprietor is mandatory and failure by the Office to follow the procedure in removing the mark stops all the subsequent requirements” i.e. the one-year restoration deadline.

Restoration of a mark applies only after the mark is removed as per Section 25 and Section 26. Since the Act does not provide limitation for restoration of the mark where it has been removed without following procedures individual circumstances have to be taken into consideration including whether the same or a similar mark has in the interregnum being registered by any other person etc.

A mark, even though it has been removed, still has legal rights which extend even one year after the mark has been removed, provided it has still been in use and no other similar mark has been registered.

In the present case, the Registrar was ordered to restore and renew the mark after determining if the respondent was the registered proprietor/successor of the registered proprietor of the registered trademark which has expired and that the same or similar marks had not been registered.

WHAT IF TRADEMARK RENEWAL FAILS?

If renewal of the trademark fails, the trademark is removed from the registry. The owner of the trademark loses all the rights and privileges related to that registered trademark. Moreover, the owner’s right to sue for infringement of trademark is also abolished and the trademark is open to the public and for use by anyone.

WHAT IS RESTORATION OF TRADEMARK?

A notice for renewal of the trademark is sent to the owner by the Office of the Registrar of Trademark. The owner needs to file the TM- R application 6 months prior to expiry of trademark.

Hence, the trademark will be removed if there is non- renewal of the registered trademark within the stipulated time period.

However, a trademark can be restored within 6 months to 1 year of its expiry by filing the TM-R form with the fee of Rs.10,000 + Renewal fee (offline) and Rs.9000 + Renewal fee (online).

CONCLUSION

The process of trademark registration is a time taking process but once completed you get protection of 10 years which can be extended after every 10 years. So, it is very important to file your trademark renewal application within the stipulated time period to ensure safety and protection of the trademark as well as the brand reputation associated with it.

The process of renewal of a trademark is very convenient but equally important for the owners of the trademark. It is always advisable to file your trademark with the help of a trademark attorney to ensure that all the processes are done smoothly, and you don’t need to worry about renewal of your trademark.

How Can Compliance Calendar Help?

Looking to secure your brand’s identity? Look no further than the Compliance Calendar! We’re your one-stop solution for all trademark needs. Whether you’re seeking to register a new trademark or stuck in a complex trademark procedure, our dedicated team is here to assist you every step of the way.

With Compliance Calendar LLP, you’ll not only get expert guidance on registering your trademark but also comprehensive protection throughout the entire process. Our experienced professionals will ensure that your mark is not only registered but also safeguarded against potential infringements at all stages of trademark registration.

Why choose Compliance Calendar LLP? We offer personalized and attentive service, tailored to your specific needs and goals. Our commitment to client satisfaction means you can trust us to handle your trademark matters with efficiency, accuracy, and professionalism.

Ready to take the next step in protecting your brand? Connect with us today at 9988424211 or email us at info@ccoffice.in. Let Compliance Calendar LLP be your trusted partner in trademark registration and protection.

FREQUENTLY ASKED QUESTIONS

What happens if I don't renew my trademark in India?
Failure to renew your trademark within the stipulated time period leads to its removal from the registry. This results in the loss of all rights and privileges associated with the trademark, including the ability to sue for infringement.
When should I start the renewal process for my trademark?
The renewal process should ideally begin six months before the expiry date of the trademark registration to ensure timely renewal and avoid any lapses in protection.
Is it necessary to hire a trademark attorney for the renewal process?
While not mandatory, it's highly advisable to engage a trademark attorney for smooth and hassle-free processing of your trademark renewal. An attorney can handle all aspects of the renewal process, including filing the necessary forms and ensuring compliance with legal requirements.
What is the timeline for trademark renewal in India?
Trademark renewal can be filed either one year or six months before the expiry date, or even up to six months after the expiry date, with certain conditions and fees applicable in each case
What documents are required for trademark renewal?
Essential documents for trademark renewal include the Trademark Registration Certificate, proof of address and photo ID of the applicant, copy of the TM-A application, and a Power of Attorney if the renewal is filed by an agent or attorney.
Can a trademark be renewed after its expiry date?
Yes, the renewal process allows for flexibility even after the expiry date of the trademark. While it's preferable to initiate renewal proceedings beforehand, the trademark can still be renewed within six months after expiry, albeit with additional fees and conditions. This ensures that trademark owners have a grace period to maintain their rights even if they miss the initial deadline.
Can a trademark be restored after it has been removed from the registry?
Yes, under certain circumstances, a trademark can be restored within a specified period after its removal from the registry by filing the TM-R application along with the prescribed fee.
Why should I choose Compliance Calendar LLP for trademark services?
Compliance Calendar LLP offers comprehensive trademark services tailored to your specific needs. With expert guidance, personalised attention, and a commitment to client satisfaction, they ensure efficient and professional handling of all trademark matters, from registration to protection against infringements.