Trademark validity in India for a mark or logo used for symbolizing products and services is for 10 years in India after Trademark Registration online.

After that, a trademark can renew again for another ten years.

You can renew a trademark at indefinite times, which means as long as you keep renewing the mark, it will not expire and will continue to be under the protection of the Act.

How to extend trademark Validity in India?

The registrar of the trademark office in India will issue a notice of registered mark before six months of its expiry.

It contains information about the expiration of the registered trademark.

Therefore, it is basically an intimation to renew your mark if you still want to hold the ownership.

There are two options for extending the trademark validity in India:

Renew the trademark without any changes in the current logo or brand name.

Renewal of Trademark with alterations and changes in the present logo or brand name.

Steps for extending the trademark validity:

File an application under the form TM-R for the renewal of a trademark to extend the validity.

The application can be filled by the owner, agent or an authorized representative.

After the application filing step, the applicant has to check the status of the application regularly. So, in case any objection is filed to the registration of the trademark you can reply to it timely.

Once the application approves by the Trademark officials, the trademark publishes in the official Trademark Journal.

Therefore, when the trademark publishes, the owner or the applicant of the trademark secures the mark for another ten years.

Note: One can renew its trademark for indefinite times.

Documents Required for Extending Trademark Validity

You will have to submit hard copies in case you are applying physically.

But, it is advisable to go for an online application because it is easy as well as you can file it from your home itself.

For this purpose, you will require scanned copies of the following documents to be submitted along with your trademark registration application:

ID proof like PAN Card, Aadhar Card

Address proof

Certificate of registration

Certificate of the Trademark Registration issued by the Registry

Copy of Application form for trademark registration Form TM-A

A copy of the Proof of Conflicted Trademark

Power of attorney of the authorized representative

Cost of Extending Trademark Validity

The cost for renewal of a trademark differs for a person paying it physically by going to the trademark office and the person paying it through an online portal.

Physically application cost to increase trademark validity in India will be Rs. 10,000.

The online application cost for extending the trademark validity in India will be Rs. 9,000.

Restoration of Trademark

If in case, the owner forgets to apply for extending trademark validity in India in the given time, there is still an option for restoring a trademark.

According to the Trademark Act, 1999 under Section25 (4), it allows persons to apply for the restoration of the trademark.

Applicants can apply for restoration within one year of the expiry of the registered trademark.

An additional fee over the renewal fee has to be paid by the applicant for the restoration of a trademark.

Rs. 10,000 per class is the fee in case of physically applying.

Rs. 9,000 per class if you apply through the online portal.

How much time is taken for extending trademark Validity?

The procedure of extending the trademark validity in India is somewhat the same as the trademark registration procedure. So the time taken for the purpose is also six to twelve months.

What will happen if one doesn’t extend the trademark Validity in India?

If a person does not apply for renewal for a trademark, there is an option of trademark restoration.

But in case a person doesn’t apply, he/she loses the trademark and also the benefits (like legal rights, saving your company from infringement and also building goodwill) that comes along with it.

Benefits of extending Trademark Validity in India

EXCLUSIVE TRADEMARK RIGHTS

The owner of a registered trademark holds exclusive Trademark Rights and can also prevent its unauthorized use by any third party or individual. Furthermore, the owners can also use the same trademark for all the products or services falling under the class/classes applied.

BUILDS CUSTOMER LOYALTY AND GOODWILL

The quality of your product or service corresponding to the registered trademark establishes its goodwill and trust in the market among the customers. Moreover, the registered trademark helps in communicating the unique characteristics and vision of your company and its brand.

PROTECTION AGAINST TRADEMARK INFRINGEMENT

No business competitor or any other individual has the right to use your registered trademark. However, if a person does the same, then you can initiate legal proceedings against such issues of Trademark Infringement.

CREATION OF A VALUABLE ASSET

With trademark registration, you create an intangible asset and gain the exclusive rights for selling, franchising, assigning, and commercially contracting your innovation.

DIFFERENTIATES YOUR PRODUCT OR SERVICE

Trademark registration makes it quite convenient for the customers to know and recognize your product or service. What the customers do is attach the product’s quality to the brand name, which, in turn, creates its reputation in the market and attracts new customers.

TRADEMARK PROTECTION FOR 10 YEARS AT MINIMAL COST

Once you register a trademark, all you require to do is pay the maintenance and renewal cost, which is ten years from the date of the trademark application. Furthermore, now the option of Online Trademark Registration is also available at a comparatively lower cost. Hence, even at a low cost, you can effectively create a unique image of your company or brand.

USE OF ® SYMBOL

After trademark registration, you can effectively use the ® symbol. Also, it implies that it is a registered trademark, and no one can use it without seeking your permission.

BASIS FOR GLOBAL TRADEMARK REGISTRATION

If a person is willing to register the trademark in a country other than India, then the trademark registration in India can act as a good basis for registration with an established reputation there.

Disadvantages of not extending the trademark validity in India

The biggest disadvantage is that your logo will be lost and you are leaving it for other companies to register and use it.

The second disadvantage is if any other company takes your logo and uses it you may lose your customers. So you are not only losing your logo but also your customers.

The third is that it will affect your brand image.

Fourth you can’t complain about infringement of your logo because you don’t have any legal rights to protect it.