Introduction

A trademark is a valuable asset that gives businesses exclusive rights over their brand name, logo, or slogan. However, trademark protection is not permanent and must be renewed periodically to remain valid. Trademark renewal ensures that the brand remains protected from infringement and unauthorized use.

Why is Trademark Renewal Important?

1. Prevents Trademark Expiry – If not renewed, the trademark can be removed from the register, making it available for others to use.
2. Retains Exclusive Rights – Renewal helps maintain legal ownership and prevents third parties from claiming rights over the mark.
3. Avoids Legal Disputes – Renewing on time prevents unnecessary legal battles or re-registration hassles.

When to Renew a Trademark?

In India, a registered trademark is valid for 10 years from the date of registration. It must be renewed before expiration to maintain its validity. A renewal request can be filed within six months before expiry or within a grace period of six months after expiry (with a late fee).

Process of Trademark Renewal

1. Filing a Renewal Application (Form TM-R) – The owner or an authorized agent must submit the renewal request with the required fee.
2. Trademark Office Examination – The application is reviewed, and any objections are addressed if raised.
3. Renewal Approval and Publication – Once approved, the renewed trademark is published in the Trademark Journal and remains valid for another 10 years.
4. Issuance of Renewal Certificate – The Trademark Registrar issues an official certificate confirming the extension of the trademark.

Consequences of Non-Renewal

• The trademark may be removed from the register, making it available for other businesses to claim.
• Re-registration may be required, which can be costly and time-consuming.
• Competitors may use a similar mark, leading to brand dilution or loss of identity.