Trademark Renewal in India: Keeping Your Brand Protected

A trademark registration in India lasts ten years from the date of application. The good news: it can be renewed indefinitely, in further ten-year terms. The catch: renewal is your responsibility, and missing it has consequences.

When to renew

Renewal should be filed before the registration expires. The law also allows a grace period after expiry, on payment of an additional fee. Beyond that, the mark can be removed from the register, meaning you would have to re-apply and start over.

What happens if you forget

• The mark may be removed from the register.
• You lose the exclusive statutory rights that registration provided.
• A competitor could attempt to register a similar mark.
• Restoration, where possible, is more costly and uncertain than timely renewal.

Stay ahead of the deadline

Because ten years is a long time, renewal dates are easy to lose track of, especially as businesses grow and ownership changes. Maintaining a docketing system, or having your IP adviser track renewals for you, ensures the date never slips.