The procedure of trademark renewal in India
In India, trademarks are initially registered for 10 years and must be renewed after that. The application for trademark renewal must be filed within one year of the registered trademark’s expiration date. Before the last registration of a trademark expires, the owner of a registered trademark should get a notice from the Trademark Registrar’s office advising him/her of the imminent expiry and the conditions for fee payment.
If the owner fails to renew the trademark before it expires, the Registrar has the authority to remove it from the trademark register. If you miss the deadline for trademark renewal, it can be filed within 6 months of the expiry date, but with a late filing fee.
In India, trademark renewal can be accomplished in two ways. Either to request the renewal and to change some portion of the trademark with it, or to renew the trademark registration without modifying the trademark.
If a trademark owner fails to renew a trademark, the registrar may remove the trademark from the Trademarks journal. However, this occurs only 12 months after the expiration date. Through a process known as restoration, trademark registration can be renewed between 6 and 12 months after it expires for a fee.
This application may be filed only if the trademark has not expired within one year of its expiration date. Following the approval of the trademark restoration application, the registrar publishes the mark in the Trademark Journal and, if no third party objects, the owner retrieves the mark. If there are any complaints, the owner of the brand may object and file a claim for its trademark.
***Other Articles***
– You could see Procedure of Trademark in India here.
– You could visit here to see Required documents of filing trademark in India.
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