Trademark Renewal and Restoration in India
How to Renew a Trademark in India?
Trademark Renewal Process in India:
A trademark in India has to be renewed after every ten years as the registration for the trademarks are done for ten years at a time. The renewal process involves payment of the fees which is prescribed by the Trademark Act of India and trademarks can be renewed for unlimited time period but each renewal is also for the upcoming 10 years and then again one needs to do the same process.
The process for applying for the renewal of the trademark in India starts with a request form that needs to be filled and submitted with the registrar and it needs to be filed anywhere between the time period of 6 months preceding the date of expiry of the trademark. The prescribed fees must accompany the renewal application otherwise it will be rejected.
You need to pay late fees if you submit the renewal application after the expiry date of the trademark but within 6 months from the expiry date.
Failing to renew the trademark within the stipulated time period, your trademark will be liable for cancellation according the Indian trademark Act.
How to Restore a Trademark in India?
The process of restoration of the trademark in India includes filing for the restoration application with the registrar. Trademarks normally are removed from the register due to non-renewal issues and if you have your trademark removed or cancelled then you need to file for the restoration of the same within 1 year from the date of expiry of the trademark according to the last time registration. You can file the form of restoration after 6 months passed from the expiry of the trademark.