Everything You Need To Know About Trademark Renewal In India

  • April 07, 2016
  • Registrationwala
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Trade Mark can be renewed in India for unlimited period provided renewal fees are being paid on timely basis.Each renewal is valid for 10 years. If person fails to renew the Trade Mark then the mark becomes liable to remove.

Therefore, renewal on time to time basis very important especially when there is portfolio of Trademarks needs to be managed and there could be serious irreparable repercussion if one fails to meet the timeline.So, lets understand how to renew the trade Mark which is core part of Trade Mark Management:

But, don't worry renewal request can also be filed within six months after the expiry of registration or renewal as the case may be in the prescribed manner along with late filing fees.Trademark Renewal is essential for maintaining the validity and protection of a registered trademark in India. Trademarks are valuable business assets, and the renewal process protects them against Infringement and misuse.

Renewal can be in two ways:

  1. One can apply renewal to change in any sign or words in the existing trade mark; or
  2. One can apply renewal without any change.


Why must you apply for Trademark Renewal before its expiry?

Every registered Trademark owner must apply for timely Trademark Renewal as it is crucial to preserve and maintain their brand identity. 

Maintains Brand relevancy in the Market

The validity of a Trademark is for ten years. After the period lapse, the trademark proprietor must renew the certification to remain in force. If you fail to renew the trademark, then you can suffer from loss of protection, making the logo susceptible to trademark infringement.

Safeguard against Infringement

If you renew your trademark, then you will get the exclusive rights to use it for the designated products and services. It will also prevent third parties or potential infringers from using a similar trademark.

Upper Hand in Case of Legal Disputes

An unrenewed Trademark is vulnerable to Infringement. Such a vulnerability can invite legal disputes for the proprietor. Trademark Renewal ensures that the Business continues using the brand logo without legal issues.

Authorizes Ownership of the Trademark in the Market

A renewed Trademark maintains its ownership with the original Brand. The renewal certification reinforces the owner's rights for its marketplace usage.

Preservation of the Brand Value in the Market

Every IPR of a Company, such as a Trademark, is a valuable asset to them. Such properties contribute to a company's brand value. Getting the Intellectual property renewed helps Corporates maintain their brand value. Such timely certification saves Trademarks from misuse and Infringement.

In the ecosystem of the IPR Authority in India, the trademark renewal procedure is considered critical to ensure the protection and validity of a registered trademark. Therefore, every registered Trademark proprietor must maintain their exclusive ownership, thereby providing protection against Infringement and legal dispute avoidance.



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