Trademark Renewal

A registered trademark in India expires after 10 years. But, it can be kept permanent by filing a trademark renewal application.  In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration. There are many advantages to renewing a trademark. Registration of the trademark awards the holder of the trademark many rights that are protected by law. It prevents the infringement of the trademark and also provides for restitution in case of such infringements. 

The registrar of trademarks will send you a letter of a reminder of the expiry of the trademark 6 months prior to its expiry. When you are going to renew a trademark you have two options:

1.  Renew the trademark as it is
2. Renew the trademark with changes and alterations

The application for the renewal of a trademark is the form TM-R. The application does not need to be filed by the registered owner of the trademark, it can be done by an authorized representative or an agent.

The consequences of not renewing the trademark are severe. In case, no application for renewal has been filed, or in case no fee for renewal has been paid by the proprietor, the Registrar may remove the mark from the register.