Failure to renew the trademark registration in India every 10 years can result in removal of the trademark from the register of trademarks. To ensure the renewal and restoration of trademark registration, certain procedures and requirements need to be followed. The procedure is described in the following way:
Suggestion of Renewal Due by the Indian Trademark Office:
- The Indian trademark office is required to send an O-3 notice to the trademark owner, informing them about the upcoming trademark renewal.
- The O-3 notice must be sent no more than 6 months prior to the expiry of the trademark registration.
- A registered trademark may only be deleted from the register of trademarks for non-renewal if the O-3 notification has been properly served on the trademark owner or the owner’s designated representative.
Renewal of Trademark Registration:
To renew the trademark registration in India, an application must be submitted using form TM – R. The application, along with prescribed fee of Rs. 9000 per class, can be submitted at anytime within one year prior to the expiry of trademark registration.
Renewal of Trademark Registration with Surcharge:
- By paying an additional surcharge price of Rs. 4500 per class, an application for renewal may still be submitted within six months of the expiration of the date of registration.
- If an application for renewal is not filed within the 6-month grace period from the expiration of the date of registration, the trademark registration is deemed to have expired, and The trademark will no longer be listed in the trademark registry.
Restoration of Trademark Registration:
- An application for the restoration of a trademark registration can be filed after 6 months but within 1 year from the date of the expiry of the trademark registration. A restoration fee of Rs. 9000 per class must be paid.
- The trademark office will assess the interests of other affected persons while considering the request for restoration and renewal.
Registration of Trademark after the Renewal Date:
In rare cases, particularly for older applications where registration exceeded the 10 years protection term, if a trademark is granted registration within six months before the renewal due date or anytime after the renewal due date, the due date for renewal will be six months from the date of receiving the Registration certificate. Nowadays, with the Indian trademark office granting registrations in 6 to 18 months, this situation does not arise frequently.
Upon acceptance of the requests for renewal and/or restoration, the trademark office will notify the trademark owner or their authorized agent, and the information will be advertised in the Trademarks Journal.
Information and Documents Required:
The following information and documents are required for the renewal and restoration of trademark registration:
- Trademark application number.
- A scanned copy of the Power of Attorney (POA) that has been merely signed by the designated signer of the trademark owner.
Forms and Official Fees:
Here are the forms and official fees associated with different requests:
- Request for renewal: Form TM-R with a Rs. 9,000 official fee per class.
- Request for renewal with surcharge: Form TM-R with a Rs. 4500 official fee per class,, plus a renewal fee of Rs. 9000 per class.
- Request for restoration of trademark registration and renewal: Form TM-R with an official fee of Rs. 9000 per class, plus a renewal fee of Rs. 9000 per class.