Trademark Renewal

Trademark Renewal

Trademark renewal in India is the process of extending a registered trademark's validity for an additional ten-year period. The renewal application can be filed up to six months before the expiry of the trademark or within six months after the expiry date with the payment of the prescribed fee. The renewal ensures that the trademark remains valid and protected under the Trademarks Act, 1999.

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Trademark Renewal

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 6 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 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 6 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.

A trademark is used by a business to distinguish its goods or services from other similar goods or services offered by a different business. Trademark elements—symbols, logos, labels, and names—are represented with an “®” symbol once registered.

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 the Trade Mark Rules, 2017.
  • The renewal can also be filed within six months prior to the expiry date, as per Rules 63 and 64 in the Trade Mark Rules, 2002.
  • Renewal is also allowed within six months after the expiry date.

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


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