A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, and names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, of 1999. The trademark cannot be registered if it is found offensive, non-distinct, and contains government emblems.

The validity period of the trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. On 6th March 2017, the Government of India (GOI) notified new Trade Mark Rules, 2017, to streamline the application process, create benchmarks for filing trademark applications, promote e-filing, and simplify the registration process.

The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. Let us have a look at the procedures for the renewal and restoration of trademarks in this article.

Renewal of a Trademark

Duration to renew a Trademark

• The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark Rules 2017.
• The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark Rules 2002.
• The renewal can also be filed within six months after the date of expiry.

Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.

Forms

The following forms must be provided for renewal of a Trademark along with the allotted fee.

Restoration of a Trademark

Mandatory notice from the Office of the Registrar of Trademarks

The Office of the Registrar of Trademarks will send a notice six months prior to the proprietor informing about the deadline for renewal of the trademark. Upon non-renewal of the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.

However, the Trademark can be restored by filing an application along with the required fee.

Duration to restore a Trademark

• Trademark can be restored after six months and within one year from the date of expiration of the last registration of the mark.

Forms

The following forms must be provided for renewal of a Trademark along with the fee.

The following members can file applications for renewal or restoration

• The proprietor of the registered trademark
• An agent associated with the registered trademark