Trademarks that are Registered are bound by a limitation period of ten years post which they are required to be renewed. The owner has the liberty to renew it every ten years. In case where it is not being used for a span of five years, an other party can apply to get it cancelled. The Registrar provides the holder with a timespan of six months before the end of ten years for the renewal of the Trademark in order for him to be able to continue with the rights he holds. In case where he fails to renew it, an advertisement in the Trademark Journal will be issued by the Registrar notifying the removal of the Trademark. In case the holder fails to renew the same within the ten year span provided to him, he is required to opt for Restoration. Restoration is similar to Renewal. The only difference is that it attracts a penalty for renewing late.
Why is Trademark Renewal Required?
A Registered Trademark is valid for a span of ten years, post which it is subject to be renewal. The holder of a Trademark is required to renew it if he wishes to continue to protect and enjoy the rights he has on the Trademark. In case where he fails to renew it, an advertisement in the Trademark Journal will be issued by the Registrar notifying the removal of the Trademark.
Application Process
The Application process can be carried on with using either Online mode or Offline mode. The holder is notified by the Registrar of Trademarks as a reminder of the expiry of the Trademark. This is done six months prior to its expiry. The Renewal of the Trademark can be opted for with or without alterations.
- Filing of the Application for renewal in the prescribed form (Form TM-R).
- Tracking of the Application.
- On approval, the Trademark is published in the Trademark Journal after which the holder continues to enjoy his rights for a span of another ten years.