Trademark Renewal



Trademark is perpetual in nature, and registration of a trademark is valid only for a period of 10 years. However, after the competition of ten years, the Applicant can renew the trademark for another ten years, and this can go on for eternity. Hence, a trademark application, once registered, must be renewed every ten years, failing which the trademark is liable to be removed from the Register of Trademarks. An application for the renewal of a trademark shall be made under Form TM-R along with the prescribed Government fee, anytime within six months prior to the expiry of the registration of the mark. The trademark will be deemed to be removed from the TM Register if the applicant fails to file the TM-R form with the requisite fee within the stipulated time. Trademark renewal shall preserve all the rights that were previously available to it before the expiry of the duration. In case the proprietor fails to renew the trademark, he loses all the protection that comes along with registration. For example, a registered trademark has the benefit of a legal presumption of ownership. This consequently means that the burden of proof lies on the third party in trying to disapprove the applicant’s ownership.

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