As per the trademark registration process in India, a trademark is valid for 10 years, following which it has to be renewed. This procedure ensures that the trademark continues to be the exclusive property of the individual or business owning it. If the owner of the trademark fails to apply for a renewal, then the trademark loses all exclusivity that it had gained during the registration.
The owner or proprietor of the trademark has to fill the designated form for trademark renewal online or before the Registrar. The form can be duly filled on or six months before the date of expiration of the existing registration. If the owner of the trademark does not file for renewal within one to three months before the date of the expiration of the registration, then the Registrar sends a notice. The notice is sent to intimate about the forthcoming renewal date. It is to be noted that a trademark cannot be removed if a notice of renewal is not served.
What happens if the trademark registration is not renewed?
In the event of the trademark registration not being renewed, the trademark can be removed by the Registrar, following which the proprietor has to file a trademark application for restoration of the same. Before the removal of the trademark, the registrar needs to announce the same in the trademark journal. Inability to renew the trademark not only impacts the proprietor, but also those who are licensed or assigned the same.
Failure to renew the trademark also affects the owner’s legal position. A registered trademark grants exclusivity to the holder, thus deterring others from using it. In the worst-case scenario, if the trademark expires, then one gets a chance to renew the same within six months. The process can be completed by submitting the prescribed form and by paying the requisite fee. In case of any confusion regarding the procedures, one can get in touch with a trademark service provider to ensure that the process is completely hassle-free.
Many agencies provide trademark registration and renewal services, but proprietors must exercise caution while choosing one as this could make or break their business. As professionals, we handle trademark renewal services to enable our clients to get the desired solution. We have years of experience in this field. Hence, we are better-equipped to provide the right service according to the requirement of our clients.