Trademark renewal

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Overview

Trademark renewal is the procedure used to extend the legal protection of a registered trademark after its initial validity period expires. Most trademarks are registered for a fixed duration and must be renewed periodically to retain exclusive rights. Staying aware of renewal timelines and fulfilling the necessary formalities is crucial for ensuring continued ownership and legal enforceability of the trademark.

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Key pointers

Duration of Trademark Registration

In India, a registered trademark remains valid for ten years from the date it is filed. Once this period ends, the registration can be continuously renewed in ten-year intervals, allowing for indefinite protection as long as renewals are maintained on time.

Renewal Application

In order to extend the validity of a trademark in India, the trademark holder must submit a renewal request to the Trademark Registry. This process requires filing Form TM-R along with the applicable renewal fee, as outlined under the relevant legal provisions.

Timing of Renewal

A renewal application for a trademark must be filed within six months prior to the expiration of the registration. If this deadline is missed, the application may still be submitted within a six-month grace period following the expiration date, subject to the payment of a late fee.

Renewal Fees

In India, the renewal fees for a trademark are determined by the number of classes under which the mark is registered. The fees vary depending on the number of classes, so it is crucial to ensure the correct amount is paid to facilitate a smooth renewal process.