Trademark Renewal: Ensuring Long-Term Protection

A trademark serves as a vital identifier, distinguishing a business's goods or services from others in the market. Represented by symbols, logos, labels, or names with an appended "R," a trademark can be registered under the Trade Marks Act, 1999, unless it is deemed offensive, lacks distinctiveness, or includes government emblems.

After filing a trademark opposition, both parties must decide whether to abandon or register the trademark. The responsibility for defending the trademark lies with the registrant.

The initial validity period of a trademark in India is 10 years, as per Section 25 of the Trade Marks Act, 1999. To streamline processes and promote efficiency, the Government of India introduced the Trade Mark Rules, 2017, on March 6, 2017.

Renewal of a Trademark: Key Procedures

1. Duration to Renew a Trademark:

• Renewal can be filed within one year before expiry (Rules 57 and 58, Trade Mark Rules 2017).
• It can also be filed within six months before expiry (Rules 63 and 64, Trade Mark Rules 2002).
• Additionally, renewal can be submitted within six months after expiry.

2. Forms for Renewal:

• TM-R: Application form for renewal with the allotted fee.
• TM-18: Affidavit supporting the statement of the case.

Forms and Costs for Renewal:

Form No.	Purpose	Cost (Physical Filing)	Cost (E-Filing)
TM-R	Renewal application	Rs. 10,000	Rs. 9,000
TM-R with surcharge	Renewal with surcharge	Rs. 5,000 + Renewal fee	Rs. 4,500 + Renewal fee
TM-18	Affidavit	-	-

Restoration of a Trademark:

1. Mandatory Notice:

• The Office of the Registrar of Trademarks sends a notice six months before expiry.
• Failure to renew within the stipulated time results in removal from the Register of Trademarks.

2. Duration to Restore a Trademark:

• Restoration can be done within six months to one year from the date of the last registration's expiration.

Forms and Costs for Restoration:

Form No.	Purpose	Cost (Physical Filing)	Cost (E-Filing)
TM-R	Restoration with renewal	Rs. 10,000 + Renewal fee	Rs. 9,000 + Renewal fee
TM-18	Affidavit	-	-

Who Can File:

• Proprietor of the registered trademark.
• Agent associated with the registered trademark.

Conclusion: Timely renewal and restoration are crucial for maintaining trademark protection. Businesses and agents associated with trademarks must adhere to the stipulated timelines and procedures to ensure continued legal safeguarding of their valuable brand assets.