Introduction

Hi, Trademark is a limited period registration which needs a Trademark Renewal within every 10 year from the date of application. READ AGAIN–> Trademark needs renewal every 10th year From the date of APPLICATION not from the date of REGISTRATION.

Let’s take a tour to many other surprises and details of trademark Renewal.

Trademark Renewal is a mandatory action for trademark applicants to renew and revive their trademark registration number. A trademark registration number has a validity period of 10 years starting from the date on which the trademark application was filed.

If in case, the trademark owners (you) fails to file a trademark renewal request within the specified time period, the Registrar may remove the trademark from the register and advertise the fact in the Journal.

And so the trademark registration number gets terminated and removed from the registry. And the concerned brand name becomes available for common people to apply trademark application with the same name.

To file a trademark renewal application, you (the trademark owner) need to fill and submit a form “TM-R” along with the prescribed fee to the trademark registrar offline or online within a specified period of time. The government fees, however, varies cases to cases.

As soon as the renewal or restoration and renewal of registration, a notice is sent to you (the registered proprietor and every registered user) by the trademark registry. Not only this, the trademark registry also advertised the renewal or restoration and renewal in the Journal.

A registered trademark’s validity is counted from the date on which the trademark application was filed. Do not confuse the trademark application date with the trademark registration date.

For example, let’s suppose, you filed you trademark registration application on January 1, 2009. But your trademark got registered on March 15, 2010. The trademark renewal date for your registered trademark will be January 1, 2019 (that is 10 years from your trademark application date) and not March 15, 2020(which is the actual trademark registration date).

But, wait!! Do not reach any conclusion as his is not it.

Since, trademark registration is a long process and in some controversial cases it might even take many years (10-15 years) for getting the trademark registered. For different cases, the trademark renewal date is different.

You may apply for a trademark renewal at any time not more than 1 year before the expiration of the last registration of the trademark.

FAQ: My trademark got registered within six month before the trademark renewal date, when should I apply for a trademark renewal?

You may apply for a trademark renewal within 6 month after the actual date of trademark registration if your trademark got registered within six month before the trademark renewal date, when should I apply for a trademark renewal.

FAQ: My trademark got registered post the trademark renewal date, when should I apply for a trademark renewal?

You may apply for a trademark application within 6 month of the actual date of registration if your trademark got registered post the trademark renewal date, when should I apply for a trademark renewal.

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You don’t have to worry about remembering the trademark renewal date, as the trademark registry starts sending reminders for trademark renewal at least 6 months before the actual date of trademark expiry. The registry sends these notices in the form RG-3 at the proprietors’ address. This form RG3 contains information like Expiry date and renewal conditions if any.

No worries, if your trademark got expired recently, you still have a chance to restore and renew your trademark within a year after your trademark expiry date.

A trademark owner can file for a trademark renewal within 6 months after the expiry date by paying a surcharge amount along with the renewal fee to the trademark registry of India, as per the trademark act, 1999.

A trademark owner can file a trademark restoration and renewal application within an year after the trademark has been expired. The trademark owner can restore and renew the expired trademark by submitting the application along with the prescribed restoration and renewal fee.

Worried about your trademark renewal and restoration? Contact our trademark specialists on +91-8006650569 / +91-9808582698. LegalBrother’s has been handling trademark cases successfully since many years. Let us serve you the best way possible.