Introduction

Trademark renewal is crucial to maintain exclusive rights over your brand. However, if you miss the renewal deadline, your trademark becomes vulnerable to removal from the registry, exposing your brand to potential misuse. This guide explores the consequences of missing the renewal deadline and the steps you can take to restore your trademark rights.

Understanding Trademark Renewal Deadlines

A trademark in India is valid for 10 years from the date of registration. To maintain protection, the trademark must be renewed before the expiry date. If you miss this deadline, the following phases apply:

1. Renewal Period: Trademark renewal can be done anytime within the last 12 months of the validity period.

2. Grace Period: After the expiry date, a 6-month grace period is provided for late renewal with an additional fee.

3. Removal from Register: If renewal is not completed within the grace period, the trademark is removed from the registry.

Consequences of Missing the Renewal Deadline

Failing to renew a trademark within the stipulated time can lead to severe consequences:

1. Loss of Exclusive Rights: The trademark owner loses the legal right to use the mark.

2. Brand Vulnerability: Competitors can register a similar mark, causing confusion in the market.

3. Higher Costs: Re-registering the trademark requires a fresh application, increasing costs.

4. Business Disruption: Losing trademark protection can impact brand value and market presence.

Steps to Take After Missing the Renewal Deadline

If you miss the renewal deadline, you can still protect your trademark by following these steps:

1. Late Renewal During the Grace Period

Within 6 months after expiry, you can file for late renewal.

Process for Late Renewal:

1. File Form TM-R: Submit the trademark renewal application with a late fee.

2. Submit Affidavit: Justify the reason for the delay in renewal.

3. Verification: The Trademark Registrar reviews the application.

4. Renewal Certificate: Upon approval, the trademark is renewed for another 10 years.

Fee for Late Renewal: INR 9,000 (online filing) + INR 500 per month as a late penalty.

2. Restoration After Grace Period

If the 6-month grace period lapses, the trademark is removed from the register. However, you can still apply for restoration within 1 year after expiry.

Restoration Process:

1. File Form TM-R: Submit the restoration application with an additional fee.

2. Submit Justification: Provide a valid reason for non-renewal.

3. Publication: The restored trademark is published in the journal for objections.

4. Approval: If no opposition arises, the trademark is restored.

Fee for Restoration: INR 10,000 (online filing) + late penalty.

3. Re-Registration After Removal

If the restoration period expires, the only option is to file a new trademark application.

Key Differences Between Restoration and Re-Registration:

How to Avoid Missing the Renewal Deadline

To prevent missing the trademark renewal deadline:

1. Track Deadlines: Maintain a record of trademark registration dates and set multiple reminders.

2. Opt for Early Renewal: Initiate renewal 1 year before expiry to avoid last-minute issues.

3. Hire a Consultant: Professional services ensure timely renewal and documentation.

4. Regular Status Check: Monitor the trademark status on the IP India website.

How ASK ASSOCIATES Can Help

ASK ASSOCIATES simplifies the trademark renewal process and ensures that clients never miss a deadline. Their services include:

1. Deadline Tracking: Automated reminders for timely renewal.

2. Late Renewal Filing: Expert assistance in filing late renewal applications.

3. Restoration Support: Guidance for trademark restoration after expiry.

4. Trademark Monitoring: Regular checks to identify potential risks.

With ASK ASSOCIATES, clients can enjoy uninterrupted brand protection and avoid the stress of trademark expiry.

Conclusion

Missing a trademark renewal deadline can jeopardize brand protection and lead to costly consequences. However, with timely action, late renewal, restoration, or re-registration can help regain trademark rights. ASK ASSOCIATES ensures seamless trademark management, allowing businesses to focus on growth without IP-related concerns.