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Trademark renewal

The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria.

When the application of Renewal can be filed?

The application can be filed as per the time mentioned below:
1. The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
2. The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
3. The renewal can also be filed within six months after the date of expiry.

What are the Forms required for filing renewal application?

The following forms must be provided for renewal of a Trademark along with the allotted fee.

Form No. Purpose Cost (e- filing)
TM-R Application form for renewal of a registered trademark to be used by the registered proprietor Rs.9000
Application for renewal with a surcharge of registration of a Trademark Rs.4500 + Renewal fee
TM-18 Affidavit in support of the statement of the case

What are the consequences of failure to get renewal of trademark?

The Office of the Registrar of Trademarks sends a notice to the trademark owner six months before the date of expiry informing about the deadline for renewal of the trademark. However in case, the trademark owner fails to renew the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.

Whether a trademark can be restored if not renewed?

Yes, Trademark can be restored after six months but within one year from the date of expiration of the last registration of the trademark.

What are the Forms and fees required for restoration of Trademarks?

The following forms must be provided for renewal of a Trademark along with the fee.

 

Form No. Purpose Fees
(e- filing)
TM-R Application for renewal with surcharge/ restoration and renewal of a Trademark Rs.9000 + Renewal fee
TM-18 Affidavit in support of the statement of the case

 

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