Trade mark rights are granted for a period of 10 years. Though it can be renewed for successive 10 years at a time, from the date of original registration or the last renewal, if not removed or cancelled.
The procedure for renewal of registration or restoration is prescribed in Chapter III under Rule 57-61 of Trade Mark Rules, 2017. Starting with the renewal process, the registered trade mark applicant or owner or assignee has to file an application in TM-R and supporting documents. The application for renewal shall be filed within 6 months before the expiry of the validity. But the process shall only be validities only after payment of renewal fees along with the application. But, before filing of renewal application, the proprietor is obliged to send a notice in writing to the registrar in the registered office, proclaiming the approach of expiry date of the registered trade mark.
As per section 25 of Trade mark Act, 1999, the registrar must notify in writing the approach of expiration date in Form O-3, to the registered proprietor, registered users as well as Joint registered user. This notification shall be sent in the business address i.e. address of service of India as mentioned in the Registry. This notice shall be sent within 6 months from the date of expiry of the renewal date.
In the case Kleenage Products (India) Private Limited V. The Registrar Of Trademarks &Ors 2018 SCC (OnLine) Bom 46, the court held that the registration of trademark cannot be cancelled or removed under the category of failure of renewal of trade mark registration, if the registrar fails to sent the notice under Form O-3 to the owner or user or applicant. This making Form O-3 compulsory in the process of cancelation of trademark.
Though the Registrar is empowered to extend the tenure of renewal only in case of technical error. When the applicant fails to complied by the provision of the Trade mark Act, 1999, for renewal of Trademark registration, the Trade mark may get cancelled or removes. Though the applicant still have an option to restore the Registry, by filling restoration application in Form TM-R, within a period of 6- 12 months from the date of expiry of the registration or last renewal, along with restoration fee containing the renewal fees.
In case the trade mark proprietor does not renew or fails to renew the registration of the Trade mark, the registered trade mark shall be removed. Thus, the proprietors have to file a new application, to register the Trade mark as fresh.