What is Trademark Renewal?

Trademark Renewal is a process to restore the protection and rights which a trademark provides to the business.

When do you require to renew your trademark?

The trademark has a validity of 10 years after which you need to renew the registration. One can register within 6 months before expiration, after six months of expiration or within one year of expiration.

Can a Trademark be restored after its removal from the register?

Yes, in case the trademark is removed from the register the owner can still restore it by filing TM-10 and TM-13 forms along with the prescribed fee within one year of the trademark expiry.

What is the difference between Trademark Registration and Trademark Renewal?

Trademark Registration is initiated to protect a brand name and own exclusive rights for its usage, however; Trademark Renewal extends the protection for another 10 years.

What are the consequences for non-renewal of a Trademark within the time limit?

The trademark gets removed from the register in case the owner does not apply for its renewal within the allocated time frame. The maximum time to renew a trademark is 12 months after expiry.

Can a trademark be removed on the ground of non-use?

Yes, if a trademark is not in use for 5 consecutive years from the date of registration or not used for 3 months before the date of application for removal, then it can be removed.

Does the trademark owner get intimated about his/her Trademark Renewal?

Yes, the trademark owner receives intimation about his/her trademark renewal through IP India. They send an electronically generated notice from the Trademark Automation System which is delivered by a registered post at the owner’s address.

If trademark renewal is not done within due time and another company registers the same. Can the former owner oppose the registration?

No, the former trademark owner does not have the right to oppose the registration since he/she does not own the particular trademark.

Once a trademark expires, it becomes available in the public domain, and anyone can apply it for registration.

Can anyone else apply for Trademark Renewal on the part of the Trademark Owner?

Yes, in case the owner is not available to apply for Trademark Renewal, it can also be done by his/her authorized agent, managing trustee, executor or administrator.

What happens when an Objection is raised during Trademark Renewal?

When an objection is raised during Trademark Renewal, a query letter is sent to the applicant. The renewal process stays pending until the time a response is not received from the applicant.

Can you change or modify the Trademark Class during Renewal?

No, once a trademark is registered under a particular class, the entity cannot change or modify it.