By: Adv Arjun Goel, Director Agreya Legal
Rule 46 of the Trade Marks Rules, 2017, outlines the procedure for renewing a trademark registration in India. Trademarks are valid for a period of 10 years, and this rule ensures that the owner has a clear process to follow when the registration is about to expire. The renewal of a trademark is crucial for maintaining the rights associated with it, preventing it from being removed from the Register of Trademarks.
Renewal Application Process: The owner of the trademark is required to file an application for renewal in *Form TM-R*. This form should be submitted to the Registrar of Trademarks along with the prescribed renewal fee. According to Rule 46, the application for renewal must be filed well in advance, specifically six months before the trademark’s expiry date. Filing early ensures that the renewal process is completed smoothly without the risk of lapsing.
Notice from the Registrar: As an additional safeguard for trademark owners, the Registrar of Trademarks is obligated to send a notice to the registered proprietor of the trademark. This notice is sent at least six months before the date of expiry, serving as a reminder that the trademark is approaching its renewal deadline. It provides the owner with sufficient time to prepare the necessary paperwork and pay the renewal fee.
Grace Period for Late Renewals: In the event that the trademark owner fails to submit the renewal application within the prescribed six-month period before expiry, Rule 46 provides a grace period. This grace period extends six months beyond the date of expiry, during which time the owner can still file for renewal, though an additional late fee will be charged. This provision offers a critical safety net, allowing owners to maintain their rights even if they miss the original renewal window.
Consequences of Non-Renewal: If the trademark is not renewed within the additional grace period, the trademark will be removed from the register. However, even after the removal, the proprietor has one last opportunity to restore the trademark within one year from the date of removal by filing an application for restoration, along with the applicable restoration fee.
Rule 46 ensures that trademark owners are given ample notice and multiple opportunities to renew their trademarks, safeguarding their rights and preventing inadvertent loss of their intellectual property.