Registered trademark is applicable solely for a period of 10 years. To retain the rights that come along trademark registration, businesses need to renew the trademark prior to its expiry. Failing to do trademark renewal may end up to losing the rights over the existing trademark. One can follow the procedure prescribed below for trademark renewal in India.

Procedure to be followed while reviving the trademark before expiry:

• You can submit trademark renewal form 6 months prior to trademark expiry.
• The application for trademark renewal is made by filling of form TM – M.
• You can either apply the same on your own or get it done by any trademark registration expert.
• It is recommended to get the trademark renewal procedure done by expert to avoid ambiguity.
• The duly filled TM-R has to be filed with a prescribed renewal fee.

Post filing the trademark renewal online, you need to periodically check the status of the application during its processing state. At times, you will need to address various time-bound actions to complete the procedure. So, it is important to check the status continually until the registration is renewed.

Even if you miss out filing the trademark renewal application before the expiry, the Registrar will send an intimation corresponding to your trademark renewal. However, the intimation will be received only a short while prior to the renewal deadline.

Procedure to be followed to revive the trademark after expiry:

• If the trademark renewal application is submitted within 6 months after the expiration date, you need to file form TM-R (renewal with surcharge) along with form TM-R (Renewal) and the prescribed fee.
• If you do not apply 6 months after the expiry, you can still apply for restoration under Section 25(4) of the Trademark Act, 1999. This must be done within one year of expiry.

Failing further will end up in losing the trademark registration.