Trademark Renewal mean extend the term period of trade mark registration by filing TM-12 with the prescribed fee. We renew the trade mark from time to time for an unlimited time period. Trade Mark renewal term is for a period of 10 years.
Trade Mark can be renewed in India for unlimited period provided renewal fees are being paid on timely basis.
Each Trade Mark 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.
Therefore, Trade Mark renewal is the core part of Trade Mark Management because Trade Mark is graphical presentation and Identity of business needed to be protected from infringement.
Trade Mark Renewal request can be filed within six months before expiry of Registration or renewal.
Even, before the expiry of the last registration of a trade mark the Registrar shall send the notice as a reminder to the registered trade mark owner regarding expiration and the conditions as to the payment of fees and, if the registration has not been obtained as per the prescribed conditions then the Registrar may remove the Trade Mark from the Trade Mark register.
But, don’t worry Trade Mark 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.
Trade Mark Renewal can be in two ways:
- One can apply renewal to change in any sign or words in the existing trade mark; or
- One can apply renewal without any change.
Process and Renewal Forms:
- Application of renewal shall be made in form TM-12
- Application shall be made by either registered owner of the trade mark or his authorised agent.
Frequently Asked Question
Firstly we have to file form TM-12 for the renewal of Trademark within six months before or after the expiry of Trademark with the prescribed fee.
We will file Trademark application for renewal within 1 day from the date of completion of document from the Client.
For filing application of renewal of Trademark following documents are required:
- Copy of Registration Certificate
- Power of Attorney
- ID & Address Proof of the Applicant.
- Copy of TM-1