File your trademark renewal application to extend your Trademark rights for the next 10 years
A registered trademark in India expires after 10 years. But, it can be kept permanent by filing a trademark renewal application online or offline by paying necessary renewal fees every 10 years. This application has to be filed on or before 6 months from the date of expiration of the registration. Trademark Renewal in India can help you keep your trademark perpetual and permanent as there are no restrictions on how many times and for how many years you wish to keep your trademark status active and registered.
The Registry of Trademark may condone the period of delay for renewal of trademark by 6 months after the expiry of 10 years. Online application for Trademark Renewal in India can be made after the expiry of 10 years with a payment of additional fees.
An online trademark renewal application shall be made with the help of Registered Trademark Attorney in India with the payment of renewal fee and additional or late fee (as applicable). A trademark renewal request can be filed six months prior to the date of trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register. An extension period of six months post-expiration is given in case one misses the deadline along with an additional late fee.
You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation.
Trademark Registration is a long process that takes a number of documents and requires more time than the renewal. A renewal is basically for continuing your ownership and use of the trademark, while registration is the initial process to get its exclusive ownership. After completion of every 10 years, the trademark needs to be renewed.
In the case of non-renewal, the consequences are severe. Because the trademark would be removed from the register and any other person can claim it and get it registered to their name.
Trademark renewal does not create any changes in the rights of the trademark holder. As long as the trademark is valid, the trademark holder would enjoy all the rights that he/she acquired during the primary registration.
Trademarks are usually territorial and are valid only in the country where they are filed. However, one can file for registration separately in individual countries, which can be an expensive proposition or you can submit an application via WIPO or CTM for registration across multiple countries.