Trademark Renewal

A trademark registration in India provides robust legal protection for your brand, but its validity is not absolute—it lasts for exactly 10 years from the date of filing. To maintain exclusive rights over your brand elements and prevent unauthorized use or infringement by competitors, your trademark must be renewed indefinitely every 10 years. Failure to renew your trademark within the prescribed timelines can lead to its removal from the official Trademark Register, leaving your business vulnerable. Our expert legal team ensures seamless, timely trademark renewal with zero compliance headaches, safeguarding the goodwill you have built over the years.

The eligibility for filing a trademark renewal in India is fundamentally tied to the status of the existing trademark registration. Only the registered proprietor of the trademark, or their legally authorized agent/attorney, can initiate the renewal process. The trademark must currently be on the Indian Trademark Register, meaning it has not been permanently cancelled or abandoned. The renewal application can be filed anytime within six months prior to the expiration of the 10-year validity period. If the proprietor fails to renew before the expiry date, they are still eligible to file for renewal within a grace period of six months immediately following the expiry, albeit with an additional late fee prescribed by the government. Furthermore, if the six-month grace period also lapses, the trademark is technically removed from the register. However, the proprietor is still eligible to apply for the 'restoration' of the trademark within six months to one year after the expiration date. This requires filing a specific application along with a substantial penalty and a valid justification for the delay. It is crucial that the details of the applicant perfectly match the details recorded in the Trademark Registry; any discrepancies (such as a change of address or corporate name) must be legally updated prior to or concurrently with the renewal filing.