A trademark application once registered has to be renewed every ten years failing which the trademark is liable to be removed from the Register of Trademarks. An application for the renewal of a trademark shall be made under Form TM-R along with the prescribed fee of INR 9000 per class anytime within one (1) year prior to the expiry of the registration of the mark. Failure to submit the requisite fee along with the Form TM-R may cause the trademark to be removed from Register.

If no application for renewal of a trademark is filed together with the prescribed fee, the Registrar shall send a notice at the prescribed address of service informing the proprietor of the trademark of the renewal deadline. Such notice shall be sent not more than 6 months prior to the expiry of the registration. It is pertinent to note that the trademark can be removed from the Register only after such a notice has been served on the proprietor by the Registrar.

In the event a trademark is due for renewal, however, the trademark is registered anytime within six months before the renewal due date or after the renewal due date, then in such case, the trademark registration may be renewed by the payment of the prescribed renewal fee within six months after the actual date of registration.

In all the above scenarios, if the renewal fee is not paid within the prescribed period, the trademark is liable to be removed from the Register of Trademarks post advertisement of the same in the Trademarks Journal.

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