Trademark Renewal

Consequences of failure to renewal: The consequences of not renewing the trademark are severe. In case no application for renewal has been filed, or in case no fee for renewal has been paid by the proprietor, the Registrar will have to remove the mark from the register. Before removing the trademark, the Registrar shall first advertise his intention to remove the mark by advertising the notice to remove in the trademark journal.

Failure to renew affects not just the proprietor but also all those people who are either assigned or licensed the trademark. It also affects your legal rights, by not renewing your trademark, in effect weakens your legal position. A registered trademark has the benefit of exclusiveness. Registration protects you from infringement claims. However, the most important benefit of renewal is that it deters other people from using your mark

Restoration of Trademark: If in case the renewal period has lapsed and no application was filed prior to the expiration, then the proprietor can apply for restoration of the trademark. However, such an application has to be made after 6 months to 1 year from the date of expiration of such registration. The proprietor has to file TM-13 to request restoration. 

After receiving applications to either renew or restore the trademark, the Registrar shall advertise the mark once again and invite objections from people who have reason to believe that the trademark should not be renewed or restored. After the lapse of the prescribed waiting period, if there are no objections raised, then the mark will be entered in the register of trademarks. The entry shall specify that the mark has been renewed for a period of 10 years.