All you know about Trademark Renewal

A trademark is a unique and characteristic brand representation tool that is displayed on products manufactured by a company that upon a glance indicates to the consumers that a certain product has been produced by this company.

Trade mark protection in India is perpetual subject to renewal of the registration after every 10 years. The application for renewal can be filed six months before the expiry of the validity period of the trade mark. Act allows registration of a trade mark for a period of 10 years and it allows renewal of registration for successive periods of 10 years, from the date of the original registration or the last renewal.

With a view to facilitate renewal of registration, it provides a grace period of six months for payment of renewal fee after expiry of registration, subject to the payment of the prescribed surcharge. Act provides for restoration of the trade marks to the register and renews the registration on payment of renewal fees.

Unlike patents, copyright or industrial designs, trade mark rights can last indefinitely if the owner continues to use the mark. However, if a registered trade mark is not renewed, it is liable to be removed from the register.