Under the Trademark Act 1999, the duration of trademark registration in India is ten (10) years. The renewal for a further 10-years period will require prescribed renewal fees.
You’ll have to decide if you want to renew or not before the expiration date. Anyone can claim your trademark after 10 years if not renewed.
Trademark duration and validity is limited up to 10 years. After that, it must be renewed if you want to continue with the legal protection for your asset.
Trademark renewal request must be filed within 6 months prior to the expiration of the registration. You will receive a notice of a reminder about the expiry of your trademark registration from the registrar of trademarks. The letter will include the conditions of the expiration and the payment of the fees required for the trademark renewal. If the registration or renewal is not obtained as mentioned in the conditions, the Registrar will remove your trademark for the official Trademark Register, known as the Trademark Journal.
You’ll have 2 ways to renew your trademark registration.
You need to file a TM-R form which can be filed by an authorised representative or agent. There’s no need of the registered owner of the trademark to be involved whatsoever.
Once the application is approved, the trademark will be republished in the official Trademark Journal. It will give the owner further legal protection on his/her asset while extending the trademark registration duration for another 10 years.
In case you fail to meet the deadline for the trademark renewal request, there’s nothing to worry about. You can file it within 6 months after the expiry as well if the case is in the prescribed manner. However, there might be a late filing fee involved.
Filing of the form can be done both in-person and online. However, the trademark can be both renewed and restored. So, you have to decide what you want. Here we will talk about the renewal only.
The renewal cost for MSME and individual startups is Rs 5000 in-person and Rs 4500 for e-filing. As for the renewal under section 25 for each class, the cost is Rs 10,000 in-person and Rs 9000 for e-filing.
Online form filling is preferred by most people due to the less costing. There are other advantages to it as well, such as
The renewal application for a trademark is made in the TM-12 form. Yes, the application can be made by the owner themself. However, it is always recommended to consider the assistance of a professional. It can be an authorized representative or agent who will ensure the security and protection of your asset.
Since your brand has already crossed the 10-years span, it’s most likely to reign for another couple of decades. So, it’s up to you to make sure your trademark is well protected. However, it might cost you a bit extra than the government price to extend your trademark duration in India. It will depend on the agent or registration firm you’ll be hiring to do the renewal for you.