The registration of a trademark is valid only for a period of 10
years. After which, it can be renewed from time to time. Trademark
renewal preserves those rights which are only available to a
registered mark. In case the proprietor fails to renew the
trademark, then he shall lose all the protection that comes along
with registration. For example, a registered trademark has the
benefit of the legal presumption of ownership. That means that the
burden of proof is on others to try and disprove your
Procedure for Trademark Renewal
The proprietor of the trademark has to file a prescribed form
[TM-12], which is an application for renewal before the Registrar.
This application can be filed on or before 6 months from the
date of expiration of the registration.
1 – 3 months before the expiration of the registration, if
no application for renewal has been filed, then the Registrar shall
send a notice to the proprietor informing him of the upcoming
renewal date. Keep in mind that no trademark can be removed, if
notice of renewal has not been served.
Along with the application for the renewal, the proprietor has
to pay renewal fees as prescribed. Failure to pay such fees will
cause the removal of the Trademark from the register.
Consequences of failure to renewal of trademark
The consequences of not renewing the trademark are severe. In
case, no application for renewal has been filed, or in case no fee
for renewal has been paid by the proprietor, the Registrar may
remove the mark from the register.
Before removing the trademark, the Registrar shall first
advertise his intention to remove the mark by advertising the
notice to remove in the trademark journal.
Failure to renew affects not just the proprietor but also all
those people who are either assigned or licensed the trademark. It
also affects your legal rights, by not renewing your trademark, in
effect weakens your legal position. A registered trademark has the
benefit of exclusiveness. Registration protects you from
infringement claims. However, the most important benefit of renewal
is that it deters other people from using your mark.
The Trademark Act is very sympathetic to the woes of the
proprietor and has therefore provided another chance to renew the
trademark within 6 months after the date of expiration of
registration by a filing prescribed form [TM-10] and by paying the
Restoration of Trademark
If in case the renewal period has lapsed and no application was
filed prior to the expiration, then the proprietor can apply for
restoration of the trademark. However, such an application has to
be made from 6 months to 1 year after the date of expiration of
such registration. The proprietor has to file a prescribed form
[TM-13] to request restoration.
After receiving applications to either renew or restore the
trademark, the Registrar shall advertise the mark once again and
invite objections from people who have reason to believe that the
trademark should not be renewed or restored. After the lapse of the
prescribed waiting period, if there are no objections raised, then
the mark will be entered in the register of trademarks. The entry
shall specify that the mark has been renewed for a period of 10
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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