Trademark renewal refers to the process of extending the validity of a registered trademark. In India, a trademark is initially registered for a period of ten years from the date of filing the trademark application. After the expiry of this period, the trademark can be renewed for another period of ten years.
Trademark renewal is essential to maintain the exclusive rights over a trademark and to prevent the trademark from being removed from the Trademark Register. It is the responsibility of the trademark owner to ensure that their trademark is renewed on time to avoid any legal issues or loss of rights.
The renewal process involves filing an application for renewal along with the prescribed fee to the Trademark Registrar before the expiry of the existing registration. The application should be filed in the prescribed form, and all the details of the trademark, including its registration number, should be mentioned in the application.
If the trademark owner fails to renew the trademark within the prescribed time, the trademark registration will expire, and the trademark will be removed from the Trademark Register.
However, the owner can restore the trademark by filing a restoration application within one year from the date of expiry of the registration. The restoration application should be filed along with the prescribed fee and a valid reason for the delay in renewal.
It is advisable to keep track of the renewal date of a trademark and ensure that the renewal process is initiated well in advance to avoid any complications or loss of rights.
