According to the Trademark Act 1999, the validity of Trademark is 10 years, after which it has to be renewed with renewal charges if the applicant wants to extend the validation. The period of validity (10 years) may vary according to the state.
Renewal
After the validity of trademark, if the applicant needs to extend the trademark he/she should renew the application. The renewal request should be submitted before 6 months of the end of validity. There will be a notification from the registrar of trademarks reminding you to renew. The notification letter will specify the conditions of the termination & charges for renewal. If the renewal is not done then the trademark will be removed from the official Trademark Register, called Trademark Journal. Fro renewal, a TM-R should be filed. An authorised agent/body can do this without the applicant to be involved.
There are two opportunities for renewal:
- Application for renewal without any changes.
- Application for renewal with changes and alteration to any sign or words in the existing trademark.
The renewal application for a trademark is made in the TM-12 form. Even though the applicant itself can do the procedure it is advised to consult an expert for the process. Once the application is approved the trademark will be published again & will be noted in the official Trademark Journal. This will provide the owner further trademark rights for the regional validity time to his/her intellectual property.
Procedures
Renewal can be an online procedure(e-filing) or an offline procedure (in-person). Trademarks can be renewed or restored.
Renewal charges:
- MSME and individual startups – Rs 5000 ( offline / in-person )
– Rs 4500 ( online / e-filing ) - Under section 25 for each class – Rs 10,000 ( offline / in-person )
– Rs 9000 ( online / e-filing )
Most people prefer online filing due to :
- Quick and faster renewal than in-person
- Convenient filing with easy steps
- Regular online tracking of your trademark status
Missed out Deadline
Even though you missed out to file before the deadline, You will have an option to apply after 6 months of expiry adding up a late filing fee. The period of validity can be extended by paying extra charge. This will vary according to your consultant. So its important to approach the right expert for the process.