Trade Mark Renewal - IPLF

Trade Mark Renewal

Registration of a Trade Mark is valid for a period of 10 years. It can be renewed in every 10 years, perpetually. In India, renewal request is to be filed in form TM-R within six months before expiry of last registration of the Trade Mark. If renewal fee is not paid till expiration of last registration, surcharge has to be paid along with prescribed fee accompanied to form TM-R. If renewal fee along with surcharge is not paid in prescribed time, Trade Mark is liable to be removed. Once removed, restoration of Trade Mark can be requested along with prescribed fees and applicable renewal fees. The request for restoration can be filed from six months till expiry of 1 year from the expiration of last registration.

What Is The Process?


Consultation

Our representative will get in touch with you to understand your requirements and will consult you regarding the process of Trade Mark Renewal.

Documentation

After receiving the necessary details, our Trade Mark Agent or Attorney will prepare the relevant documents required.

Filing

Our Attorneys will file the Trade Mark Application (Form TM-R) along with relevant documents.

Renewal

If all the documents are in place, it takes around 4-5 months to get renewal confirmation. Your Trade Mark will be renewed for another 10 years.

Timeline

1 Hour

Consultation

2 Hours

Documentation

1-2 Working Days

Filing

4-5 Months

Renewal

Details Required


  1. Power of Attorney

FAQ

1 When should the Renewal Application be filed?

An application for the renewal of the registration can be filed with the Registrar under form TM -R along with the fees prescribed. The renewal application shall be made at any time not more than 1 year before the expiration of the last registration of the trademark.

2 Is there a provision to file Renewal Application after the expiry of term?

Yes, Section 25(4) of the Trademark Act, 1999, provides that if the trademark has been removed due to non-payment of fee within the prescribed time. The Registrar shall after 6 months and within 1 year from the expiration of the last registration on payment of the prescribed fee, if satisfied may renew the application.

3 Is a Trade Mark Renewal Application examined in India?

Yes, the examination includes whether the application has been filed in time and whether the same has been filed by the proprietor of the mark on record.

4 When should the Renewal Request for an International Application be filed?

Any international registration may be renewed for a period of ten years from the expiry of the preceding period, by the mere payment of the basic fee and, subject to Article 8(7) of Madrid Protocol, of the supplementary and complementary fees provided for in Article 8(2).

Six months before the expiry of the term of protection, the International Bureau shall, by sending an unofficial notice, remind the holder of the international registration and his representative, if any, of the exact date of expiry. Subject to the payment of a surcharge fixed by the Regulations, a period of grace of six months shall be allowed for renewal of the international registration.