A trademark application once registered has to be renewed every ten (10) years failing which the trademark is liable to be removed from the Register of Trademarks. An application for the renewal of a trademark shall be made under Form TM-R along with the prescribed fee. There are many advantages to renewing a trademark. It prevents the infringement of the trademark and also provide for restitution in case of such infringements. It also allows the trademark holder the right to transfer the trademark to another person or company at their will. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration.

    Application for renewal of the trademark can be filed on or before 6 months, before the expiry of the registration in a prescribed form before the Registrar along with the requisite renewal fee. And a renewal request can also be filed within 6 months after the expiry of the renewal date along with the requisite late renewal fees on the prescribed form. If no application for renewal of a trademark is filed together with the prescribed fee, the Registrar shall send a notice at the prescribed address of service informing the proprietor of the trademark of the renewal deadline. Such notice shall be sent not more than 6 months prior to the expiry of the registration. It is pertinent to note that the trademark can be removed from the Register only after such a notice has been served on the proprietor by the Registrar. If the request is not filed and the fees is not paid within the aforementioned periods, the trademark is liable to be removed from the Register.

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