The registration of a trademark is valid only upto a period of 10 years after which it can be renewed. Renewal of a trademark preserves those rights that are available only to registered trademarks. If the proprietor fails to renew the trademark, then he/she loses all the protection that comes with the trademark.
If the Application is filed within 6 months from the expiration date
If the Application is filed after 6 months from the expiration date
For renewal of the trademark after expiration the owner of the mark can file TM-10 within six months after expiration and pay a certain amount of charges for renewing the trademark. If the time-lapse of renew is also missed then, the last hope is to file TM-13 within six months to a maximum within a year after expiration to request for restoring the trademark rights. Once the application is accepted the owner also needs to advertise about the same in the trademark journal to inform about its restoration and invite the objections from the people that might tamper later on restoration & renewal. If there are no objections heard within the restricted timeframe, then it is likely that your trademark will be re-registered and included in the trademark database. It needs to be mention that the trademark is valid only for a tenure of 10 years.
So in case the trademark holder misses out the renewal or re-registration period then there are few consequences that the owner of the trademark will face:
I am sure you are threatened by the consequences that you might have to land in if your trademark expires. However, the Trademark Act is empathetic with the owners and understanding the importance of the mark it gives you another chance wherein you can apply for restoration of the trademark.
The Trademark Registry in India grants the registration of a trademark which is valid for a period of 10 years and needs to be renewed from time to time. For the renewal of trademark, the proprietor has to file a form TM-12, which is an application for renewal before the registrar. This application has to be filed within 6 months from the date of expiration of the registration. If within 1-3 months from the date of expiration of the registration, a renewal has not been filed then the registrar sends a notice reminding the proprietor of the upcoming renewal date. Another chance is given by the registrar to renew the trademark within 6 months from the date of expiration of registration by filing form TM-10 and by paying the surcharge. Failure of paying the required fees will cause the removal of trademark from the register.
So in case the trademark holder misses out the renewal or re-registration period then there are few consequences that the owner of trademark will face:
However, the Trademark Act is empathetic with the owners and understanding the importance of the mark it gives you another chance wherein you can apply for restoration of trademark.
Trademarks don't have a validity of lifetime tenure . Hence, they are to be renewed every after 10years as regulated by the Trademark Act 1999 of India. Did you miss your re-registration date that has led to the expired trademark? Well, you need not to get too worked up as you still can restore your trademark. In India even though the trademark is expired one can apply for its re-registration or renewal. But then there are challenges, if somebody else has already applied for registration of the expired trademark, then the owner is not left with any choice but to file objection or opposition against the third party.
The renewed trademark is valid only upto a period of 10 years, to retain the rights of the trademark , owner needs to renew it again after 10 years before expiration by following the prescribed procedure. The Trademark Registry in India grants the registration of a trademark which is valid for a period of 10 years and needs to be renewed from time to time.
1. Application No of the registered Trademark
2. Legal Documents as per Government requirement