A trademark is a right capable of continuing indefinitely, subject to periodic renewal and continued use. While registration grants statutory protection, that protection is not automatic in perpetuity. It must be maintained through timely renewal in accordance with the Trade Marks Act, 1999.
A registered trademark in India may be renewed for an unlimited number of successive terms. Each renewal extends protection for a period of ten years, failing which the mark becomes liable to removal from the Register of Trade Marks.
Legal Framework Governing Trademark Renewal
Trademark renewal in India is governed by Section 25 of the Trade Marks Act, 1999, read with Rule 57 of the Trade Marks Rules, 2017. These provisions prescribe the time limits within which a renewal application must be filed and the consequences of non-compliance.
Time Period for Filing a Trademark Renewal Application
The law permits renewal applications to be filed within defined statutory windows.
A renewal application may be filed at any time not more than one year before the expiry of the last registration or renewal of the trademark, upon payment of the prescribed renewal fee.
Where the trademark has already expired, the Act provides a further opportunity. Under the proviso to Section 25(3), the Registrar shall not remove the mark from the Register if an application for renewal, along with the applicable surcharge, is filed within six months after the date of expiry of the last registration.
If the renewal application is not filed within this extended six-month period, the trademark becomes liable to be removed from the Register.
Renewal Filing Windows at a Glance
In practice, a trademark renewal application may be made:
- within one year prior to expiry, with the prescribed renewal fee; or
- within six months after expiry, with the prescribed renewal fee along with a late renewal surcharge.
Both filings are required to be made in the prescribed form.
Trademark Renewal Filing Fees
The official fees for renewal of a trademark in one class are as follows:
- INR 9,000 for online filing; and
- INR 10,000 for physical filing of a renewal application by a company.
These fees are payable per trademark per class.
Examination of Trademark Renewal Applications
Renewal applications in India are not subject to substantive examination. Renewal, when sought within the statutory period and accompanied by the requisite fee, is treated as a matter of right.
Accordingly, where a renewal application is filed in compliance with the provisions of the Trade Marks Act and Rules, the Trade Marks Registry proceeds to renew the registration without examining the mark afresh.
Importance of Timely Renewal
Failure to renew a trademark within the prescribed timelines may result in removal of the mark from the Register. While restoration mechanisms exist under the Act, delays can expose the trademark to unnecessary risk, including loss of statutory protection and potential third-party claims.
Conclusion
Trademark renewal is an essential part of maintaining statutory protection in India. Although a trademark may continue indefinitely through successive renewals, this continuity is dependent on compliance with renewal timelines and payment of prescribed fees. Understanding the renewal framework helps ensure that trademark rights remain intact and enforceable over time.