Expired Registered trademark play an important role in establishing and protecting brand identity. However, a registered trademark comes with a validity period, typically 10 years, after which it needs to be renewed. If once Expired Registered trademark, businesses risk losing their legal rights to the mark. Which could lead to brand dilution, infringement, or even financial loss. The process to renew an expired registered trademark in India is straightforward. But involves specific steps that must be followed closely to avoid complications. During process online renew an expired registered trademark follow the bellow steps.

What Happens When a Trademark Expires?

When a trade mark registration expires, the owner loses the legal right to special use of the mark. This leaves the brand vulnerable to infringement and unauthorized use by competitors. However, Indian law provides a grace period during which the expired trademark can still be renewed.

Trademark Renewal in India: The Key Process

1. Validity of a Registered Trademark: A trademark in India is valid for 10 years from the registration date. After this period, it must be renewed to maintain the exclusive rights.
2. Renewal Window: You can apply for renewal of the trademark either 6 months before the expiry date or within a 6-month grace period after expiration. If the trademark is not renewed within this timeframe, it is marked as “removed” from the registry, although there is still an additional period available for restoration.
3. Restoration of Expired Trademarks: If the grace period has passed and the trademark is removed, the owner can apply for restoration within 1 year from the date of expiration. This option is available under Section 25(4) of the Trademarks Act, 1999.
4. Filing for Renewal: To renew or restore a trademark, the owner must submit the following forms:
   • Form TM-R: For renewing the trademark before the expiry.
   • Form TM-12: For renewal after expiration but within the 6-month grace period.
   • Form TM-13: For restoration after the trademark has been removed from the registry.
5. Fees for Trademark Renewal:
   • Renewal before expiration: INR 9000 (if filed manually) or INR 9000 (if filed online).
   • Restoration after expiration: INR 12,000.
6. Publication in the Trademark Journal: Once renewed or restored, the details of the trademark are published in the Trademark Journal to inform the public that the mark has been reinstated.

Example of Trademark Renewal in India

Trademark Case: Britannia Industries Ltd.

• Trademark: “Britannia” (Word Mark)
• Owner: Britannia Industries Ltd.
• Date of Registration: 15 May 2001
• TM Class: 30 (Biscuits and Bakery Products)
• Registration Number: 957462
• City: Kolkata

Britannia, a household name in the food industry, had its trademark for “Britannia” registered in Class 30 (Biscuits, bakery products) in 2001. As the 10-year validity period approached its end, the company applied for renewal before the expiry date, ensuring its exclusive rights to the mark were retained. By following the renewal process outlined in Section 25 of the Trademarks Act, 1999, Britannia was able to secure its brand for another 10 years.

This real-world example underscores the importance of timely trademark renewal for businesses to safeguard their brand identity, especially in competitive industries like FMCG (Fast-Moving Consumer Goods).

Legal Case Study: Expired Trademark and Restoration

Case: Glaxo Smith Kline (GSK) v. Cadila Healthcare Ltd.

• Trademark: “Crocin” (Word Mark)
• Owner: Glaxo Smith Kline (GSK)
• TM Class: 5 (Pharmaceuticals)
• City: Mumbai

Glaxo Smith Kline (GSK) owned the famous brand “Crocin” in the pharmaceutical industry. However, after missing the renewal deadline for their trademark, a competitor, Cadila Healthcare, applied for a trademark similar to “Crocin.” GSK, having realized their error, applied for restoration within the allowable time frame under Section 25(4) of the Trademarks Act, 1999. The court ruled in favor of GSK, allowing them to restore the trademark and protect their brand.

This case highlights how failure to renew a trademark can lead to legal battles, but Indian law provides businesses with a second chance to restore their brand within a specific period.

Importance of Renewing Your Trademark

Renewing a trademark on time provides several key benefits:

1. Legal Protection: A renewed trademark grants the owner exclusive rights to use the mark for another 10 years, protecting the brand from competitors who may try to use similar marks.
2. Brand Security: Renewing ensures the brand’s identity and reputation remain intact, avoiding confusion in the marketplace.
3. Avoiding Legal Disputes: Timely renewal helps companies avoid legal battles over trademark rights. If a trademark expires, competitors might try to register similar names or logos, which could lead to costly disputes.
4. Continued Commercial Advantage: A registered trademark gives businesses a competitive edge, ensuring the brand remains distinguishable and legally protected in the marketplace.

Common Mistakes in Trademark Renewal

While the process of renewing a trademark seems straightforward, many businesses make avoidable errors:

1. Missing Deadlines: Failing to renew the trademark within the required time frame can lead to the mark being removed from the registry. Always keep track of the renewal dates.
2. Inaccurate Filing Information: Incorrect information on renewal applications can delay the process or result in rejection. It’s important to ensure that the details submitted, such as the owner’s name and trademark class, match the original registration.
3. Failure to Monitor Competitors: After a trademark expires, competitors may attempt to register similar marks. Monitoring trademark databases regularly can help prevent this.

Future Trends in Trademark Renewal

As businesses increasingly operate in both physical and digital spaces, trademark renewal has gained even more importance. With the advent of AI tools and automated systems, companies are now able to monitor renewal deadlines and competitor filings more efficiently.

In addition, as e-commerce and digital branding become more prevalent, businesses must ensure that their trademarks cover both traditional and digital marketplaces. Ensuring that trademarks are renewed and restored on time will be critical for maintaining competitive advantage.

Protecting Your Brand with Timely Trademark Renewal

Trademark renewal is a vital process for businesses that want to secure their brand’s identity and maintain their competitive edge. In India, the process is straightforward but requires careful attention to deadlines, filing procedures, and legal frameworks. By renewing or restoring a trademark, businesses can continue to benefit from the exclusive rights and legal protections. That come with owning a registered mark.

The cases of Britannia and Glaxo Smith Kline serve as prime examples of how trademark renewal. The restoration can prevent costly legal battles and protect valuable brand assets. Whether you are a small business or a large corporation, ensuring that your trademarks are renewed on time will save your brand from future risks Learn More