The Trademark Act of 1999 stipulates that trademark registration in India must be completed within ten (10) years. Prescribed renewal fees will be required in order to renew for an additional ten years.
Before the expiration date, you will need to decide whether or not to renew. If your trademark is not renewed after ten years, anyone can claim it.
Renewal of a Trademark:
The duration and validity of a trademark are limited to ten years. If you want to continue receiving legal protection for your asset after that, it must be renewed.
A trademark registration renewal online request must be submitted within six months of the registration expiring. The registrar of trademarks will send you a reminder about your trademark registration expiration. The terms of the expiration and the payment of the fees necessary to renew the trademark will be outlined in the letter. The Registrar will remove your trademark from the official Trademark Register, also known as the Trademark Journal if the registration or renewal is not obtained in accordance with the conditions.
Ways to Renew Trademark
You can renew your trademark registration in two ways:
Application for renewal without any modifications Application for renewal with modifications to the existing trademark’s signs or words You must submit a TM-R form, which can be submitted by an authorized representative or agent. The trademark’s registered owner is not even required to participate in any way.
The trademark will be republished in the official Trademark Journal once the application is approved. It will extend the trademark registration period for an additional ten years and provide the owner with additional legal protection for his or her asset.
Failure to Meet Renewal Deadline
There is nothing to worry about if you miss the renewal request deadline. If the case is handled in the prescribed manner, you can also file it within six months of the expiration date. However, there may be a fee for late filing.
Filling Out the Form for a Renewal The form can be filled out in person or online. However, the trademark can be restored and renewed simultaneously. Therefore, you must choose what you want. We will only discuss the renewal here.
In-person renewal costs Rs 5000 for MSME and individual startups, while e-filing costs Rs 4500. The fee for renewing each class under Section 25 is Rs 10,000 in person and Rs 9,000 electronically.
The majority of people prefer to fill out forms online because it is less expensive. The TM-12 form is used to submit renewal applications for trademarks, and they are quicker and easier to complete online than in person. Additionally, it allows for convenient filing and regular online tracking of your trademark status. The owner can, in fact, create the application. However, it is always a good idea to think about getting help from a professional. Your asset’s safety and protection can be ensured by an authorized representative or agent.
Your brand is likely to continue to dominate for a few more decades now that it has passed the ten-year mark. Therefore, you are responsible for safeguarding your trademark. However, extending the validity of your trademark in India may cost you more than the government fee. It will depend on the agent or registration company you hire to renew your registration.