Renewal & Changes

A registered trademark in India is valid for 10 years from the date of filing. You should file for renewal within the last 6 months before the expiry date. Early renewal ensures continuous protection. The Trademark Registry sends a reminder notice, but it is your responsibility to track renewal deadlines — missing them can result in your trademark being removed from the Register.

If you don't renew your trademark before the expiry date, it is removed from the Register. After removal, you get a 1-year grace period to restore it by filing for restoration with an additional fee. If the mark is not restored within this period, it is permanently removed and anyone can apply to register the same or similar mark. This means you lose all the protection, goodwill, and rights built over years.

Yes, a lapsed trademark can be restored within 1 year of the expiry date by filing an application for restoration (Form TM-R) along with the renewal fee and an additional restoration surcharge. After this 1-year period, the trademark is permanently removed and cannot be restored — you would need to file a fresh application. Shresth Legal recommends setting up renewal reminders well before the expiry date to avoid this risk.

Changes to the proprietor's name or address on a registered trademark are made by filing Form TM-P with the Trademark Registry. This is common when a business changes its name, relocates, or undergoes restructuring. The application must include supporting documents such as a name change certificate, board resolution, or address proof. Shresth Legal handles all types of trademark amendments and post-registration changes.

Trademark rectification is the process of correcting or modifying entries in the Trademark Register. Under Section 57 of the Trade Marks Act, any aggrieved person can apply for rectification to correct an error, update information, or remove a mark that was wrongly registered. Rectification can also be used offensively to remove a competitor's mark that conflicts with your prior rights.

Yes. A registered trademark is a form of intellectual property that can be assigned (sold/transferred) to another person or entity. Under Section 37 of the Trade Marks Act, assignment can be with or without the goodwill of the business. The assignment must be recorded with the Trademark Registry by filing Form TM-P with the assignment deed. Trademark licensing (allowing others to use the mark under your ownership) is also possible through a Registered User agreement.