July 24, 2019
Your trademark registration can be kept alive as long as you maintain renewal of your trademark. Failure to renew your brand may lead the mark to lose legal protection and will be removed from the trademark register.
To enjoy continued legal protection of the mark the trademark owner or the proprietor will have to complete the renewal process by filing form TM-R on every 10th year for the rest of the trademark life.
The trademark owner needs to keep the following documents handy.
1 Trademark registration number
2 Trademark renewal form TM-R
3 Authorisation document (POA)
Trademark Renewal Timeline
The trademark needs to be renewed before the completion of the expiry date that is 12 months before the expiry of the trademark if the applicant wants to extend the tenure of the registered TM.
The controller general of patent and trademark provides a grace period to the trademark proprietor if in case they have forgotten to file for trademark renewal. Though they levy a certain penalty along with the renewal fees normally charged.
If the trademark holder misses the renewal period, he is provided with a grace period of 12 months and if the applicant files an application within 6 months the government fees are Rs.13500 whereas if the application is filed after 6 months grace period the government fees charged is Rs.18000.
Calculating the time of registration
The timeline for your trademark will begin from the day you file a trademark registration application with the I.P office. This means that if you have filed a trademark application in the year 2010, and you received protection in the year 2012. Still, the timeline of your Trademark will begin from the year 2010.
For instance, the famous clothing brand Vero Moda had to file Trademark renewal before 29th January 2018. As the registration of the mark was valid up to the said date. If the company doesn’t file renewal before 2019 the registered trademark will be removed from the trademark register.
Trademark Renewal Cost
The cost of trademark renewal varies based on the time period of the filed application. The cost breakdown is as follows:Note: After expiry of 6 months timeline, after the expiry of trademark registration, the trademark can be renewed through Trademark Restoration.
Within 6 months after expiry
After 6 months after expiry
Note: The renewal of the trademark after 6 months of expiration is commonly known as Trademark restoration and the cost is double the trademark renewal.
How long will the trademark renewal last?
Trademark renewal like any trademark application last for 10 years and the applicant will have to renew his or her application again after the expiration of the 10th year.
This process will go on until the applicant thinks it is fit to keep his mark alive.
Consequences of Non-Renewal
In case the applicant fails to file a trademark renewal application or the fees the trademark registrar may remove the trademark from the trademark register.
This is a severe step that is taken after proper notification is served to the applicant. The applicant after this loses the special benefits as such provided with registration