Trademark once register is valid for another 10 years. After 10 years, you have to apply for renewing your trademark otherwise; there could be serious repercussion if one fails to renew the trademark.
Trademark renewal is necessary to avail your exclusive right which you have been bestowed with at the time of registration of the trademark. To get the continues protection, trademark registration is very important so that no other person can claim the rights to your trademark.
Therefore, you have to track and keep records over trademark so that you can timely file your trademark application without any delay. It is always advisable to renew trademark before trademark expires otherwise there are extra formalities which you have to do.
Renewal process is very easy in India
Process to renew Trademark:
- File renewal application in form TM-12 along with a power of attorney in form TM-48.
- Pay the government fees.
- After due verification by the Registrar, your trademark is renewed for another period of 10 years.
Now, Trademark renewal application in India can be filed online which saves considerable time which makes this tedious process hassle free. Such trademark application can be filed by proprietor or trademark agent. One thing which you should remember that trademark renewal application must be filed within 6 months before the expiry date. The Registrar also sends the reminder notice to the owner of the Trademark before 2-3 months of the expiry date.
If trademark renewal fees have not been paid at the expiration of last registration, the registrar may remove the trademark from the register and advertise this fact in the journal.
Even if you forget to renew you trademark, still you have a chance to get you trademark back. This process is called trademark restoration.
When the mark is removed by the examiner from the trademark register, then this fact is also advertised in the journal. One thing you should remember that your mark is not removed from the register if the application is filed within 6 months after the expiration of last registration.
The procedure to restore your expired trademark is not tedious thing; you just require to send Form TM 13 and a signed written statement stating the reason why renewal is not done in time. But sometimes, it may happen that the registrar is not satisfied with the reasons and remove the mark from the register.
So, you must manage you trademark portfolio very well so that you can timely apply for renewal and keep alive trademark.