Trademark Renewal Process in India

Trademark Renewal Process in India. Trademark serve an important role in the commercial ecosystem by distinguishing goods or services of one provider from those of others. In India, a trademark can include names, logos, emblems, slogans, expressions, or illustrations, and once registered, it grants the proprietor exclusive rights and legal protection for a period of ten years. After this period, it becomes essential to renew the trademark to maintain these legal protections and the rights associated with the registered mark.
The Need for Trademark Renewal
Trademark renewal is fundamental to preserving the distinctiveness and legal validity of a brand. It not only prevents the unauthorized use or infringement of the trademark but also enhances its commercial value by enabling the owner to license or assign the trademark. Moreover, a registered trademark can act as a powerful asset that adds economic worth to a business. The renewal process ensures continuous protection under the law, deters infringement, and upholds the credibility of the brand in the marketplace.
Trademark Renewal Procedure
The process of trademark renewal begins with a reminder issued by the Registrar of Trademarks six months before the expiry of the trademark. The trademark can be renewed either without any modification or with amendments such as changes or alterations. The renewal application must be filed in Form TM-R, either by the trademark owner or an authorized representative. Once filed, the status of the application should be monitored for any oppositions raised by the public or third parties. If no opposition is raised, the trademark is published in the Trademark Journal and is renewed for another ten years. Renewal can be done online, saving time and costs, and the trademark may be renewed indefinitely as long as it is kept up to date.
Duration for Renewal
As per the Trademark Rules, 2017, the application for renewal can be filed up to one year before the expiry date. According to the Trademark Rules, 2022, it can also be filed within six months prior to the expiration. Even if the deadline is missed, renewal is still possible within six months after the expiry by paying a surcharge. If the renewal is not completed within this time, the trademark may be removed from the register, but it can still be restored within twelve months of expiration by filing for restoration.
Forms and Associated Costs
For the renewal of trademarks, Form TM-R must be filed. In the case of restoration, an Affidavit (Form TM-18) supporting the statement of the case is also required. The cost of physical filing of Form TM-R is Rs.10,000, with an additional surcharge of Rs.5,000 for late renewal. For e-filing, the cost is slightly lower at Rs.9,000, with a Rs.4,500 surcharge. These fees cover both renewal and restoration processes.
Essential Documents Required
The necessary documents for trademark renewal include a photocopy of the trademark registration certificate, power of attorney (if filed by an agent), address proof and photo ID of the applicant, and a copy of the original trademark registration application (Form TM-A). These documents ensure that the trademark continues to enjoy legal protection and validity.
Checklist for Trademark Renewal
Before proceeding with the renewal, it is vital to ensure that the trademark is valid and owned by the applicant. A trademark search should be conducted to avoid conflicts with similar marks. Legal advice should be sought if there are any disputes. The application must comply with all necessary conditions and documentation.
Consequences of Failing to Renew
Failure to renew a trademark can result in its removal from the register, as the Registrar will publish a notice of removal in the Trademark Journal. This removal impacts not only the proprietor but also licensees and assignees. However, if there are no oppositions within the stipulated time, the mark can be restored and renewed for another ten years. Restoration applications must be made between six to twelve months after the expiration date.
Restoration Duration and Costs
Trademark restoration, after missing the renewal deadline, must be completed within one year from the expiry of the last registration. The restoration application is filed using Form TM-R, along with Form TM-18 for the supporting affidavit. The cost of physical filing is Rs.10,000, while e-filing is Rs.9,000.
Role of the Trademark Registrar
The Registrar of Trademarks plays an active role in the renewal process by issuing a compulsory notice reminding the trademark owner of the upcoming renewal. If no action is taken despite the notice, the trademark is removed from the register. However, the owner can still apply for restoration by paying the required fees.
How Compliance Calendar LLP Can Help
Compliance Calendar LLP (CCL) assists in the entire trademark renewal process, right from initial consultation to final renewal. CCL educates corporations about the importance of trademark registration and its renewal, ensuring that all legal compliance is adhered to. They assist in trademark searches to prevent infringement and advise on handling objections or legal issues. CCL’s services aim to secure the brand’s legal position and economic value, while also educating the general public and businesses on the significance of trademark protection. For further assistance, individuals can contact info@ccoffice.in or call/WhatsApp 9988424211.
FAQs
Q1. What is the validity period of a registered trademark in India? 
Ans. A registered trademark in India is valid for 10 years from the date of registration and can be renewed indefinitely every 10 years.
Q2. When should I apply for trademark renewal in India? 
Ans. You can apply for renewal within 6 months before the expiry of the trademark registration. Late renewal is allowed within 6 months after expiry (with surcharge).
Q3. What happens if I don’t renew my trademark on time? 
Ans. If the trademark is not renewed, it may be removed from the register, and you lose exclusive rights to use the mark. However, restoration is possible within 1 year of expiration.
Q4. What is the process for renewing a trademark in India? 
Ans. File Form TM-R with the appropriate fee. You can renew the trademark with or without changes to the existing mark or details.
Q5. What is the government fee for trademark renewal in India? 
Ans. As of now, the fee for filing Form TM-R is:

Rs.9,000 (physical filing)

Rs.9,000 (online filing) Additional fees apply for late renewal or restoration.

Q6. Can a trademark be restored after removal due to non-renewal? 
Ans. Yes. You can apply for restoration and renewal by filing Form TM-R along with Form TM-18 within 1 year of expiration.
Q7. Can I change details during renewal (like ownership or address)? 
Ans. Yes, certain changes can be made, but some may require separate forms (e.g., ownership change via Form TM-P).
Q8. Do I need a lawyer or trademark agent to renew a trademark? 
Ans. It’s not mandatory, but having a registered trademark agent or lawyer can help ensure the renewal is done correctly and on time.
Q9. Will I get a new certificate after trademark renewal? 
Ans. No new certificate is issued, but the renewal is recorded in the Trademark Registry and reflected in the public records. 
Q10. Can I renew my trademark for multiple classes together? 
Ans. Each class requires a separate renewal. If your trademark is registered in multiple classes, renewal must be done separately for each class.

Trademark serve an important role in the commercial ecosystem by distinguishing goods or services of one provider from those of others. In India, a trademark can include names, logos, emblems, slogans, expressions, or illustrations, and once registered, it grants the proprietor exclusive rights and legal protection for a period of ten years. After this period, it becomes essential to renew the trademark to maintain these legal protections and the rights associated with the registered mark.

The Need for Trademark Renewal

Trademark renewal is fundamental to preserving the distinctiveness and legal validity of a brand. It not only prevents the unauthorized use or infringement of the trademark but also enhances its commercial value by enabling the owner to license or assign the trademark. Moreover, a registered trademark can act as a powerful asset that adds economic worth to a business. The renewal process ensures continuous protection under the law, deters infringement, and upholds the credibility of the brand in the marketplace.

Trademark Renewal Procedure

The process of trademark renewal begins with a reminder issued by the Registrar of Trademarks six months before the expiry of the trademark. The trademark can be renewed either without any modification or with amendments such as changes or alterations. The renewal application must be filed in Form TM-R, either by the trademark owner or an authorized representative. Once filed, the status of the application should be monitored for any oppositions raised by the public or third parties. If no opposition is raised, the trademark is published in the Trademark Journal and is renewed for another ten years. Renewal can be done online, saving time and costs, and the trademark may be renewed indefinitely as long as it is kept up to date.

Duration for Renewal

As per the Trademark Rules, 2017, the application for renewal can be filed up to one year before the expiry date. According to the Trademark Rules, 2022, it can also be filed within six months prior to the expiration. Even if the deadline is missed, renewal is still possible within six months after the expiry by paying a surcharge. If the renewal is not completed within this time, the trademark may be removed from the register, but it can still be restored within twelve months of expiration by filing for restoration.

Forms and Associated Costs

For the renewal of trademarks, Form TM-R must be filed. In the case of restoration, an Affidavit (Form TM-18) supporting the statement of the case is also required. The cost of physical filing of Form TM-R is Rs.10,000, with an additional surcharge of Rs.5,000 for late renewal. For e-filing, the cost is slightly lower at Rs.9,000, with a Rs.4,500 surcharge. These fees cover both renewal and restoration processes.

Essential Documents Required

The necessary documents for trademark renewal include a photocopy of the trademark registration certificate, power of attorney (if filed by an agent), address proof and photo ID of the applicant, and a copy of the original trademark registration application (Form TM-A). These documents ensure that the trademark continues to enjoy legal protection and validity.

Checklist for Trademark Renewal

Before proceeding with the renewal, it is vital to ensure that the trademark is valid and owned by the applicant. A trademark search should be conducted to avoid conflicts with similar marks. Legal advice should be sought if there are any disputes. The application must comply with all necessary conditions and documentation.

Consequences of Failing to Renew

Failure to renew a trademark can result in its removal from the register, as the Registrar will publish a notice of removal in the Trademark Journal. This removal impacts not only the proprietor but also licensees and assignees. However, if there are no oppositions within the stipulated time, the mark can be restored and renewed for another ten years. Restoration applications must be made between six to twelve months after the expiration date.

Restoration Duration and Costs

Trademark restoration, after missing the renewal deadline, must be completed within one year from the expiry of the last registration. The restoration application is filed using Form TM-R, along with Form TM-18 for the supporting affidavit. The cost of physical filing is Rs.10,000, while e-filing is Rs.9,000.

Role of the Trademark Registrar

The Registrar of Trademarks plays an active role in the renewal process by issuing a compulsory notice reminding the trademark owner of the upcoming renewal. If no action is taken despite the notice, the trademark is removed from the register. However, the owner can still apply for restoration by paying the required fees.

How Compliance Calendar LLP Can Help

Compliance Calendar LLP (CCL) assists in the entire trademark renewal process, right from initial consultation to final renewal. CCL educates corporations about the importance of trademark registration and its renewal, ensuring that all legal compliance is adhered to. They assist in trademark searches to prevent infringement and advise on handling objections or legal issues. CCL’s services aim to secure the brand’s legal position and economic value, while also educating the general public and businesses on the significance of trademark protection. For further assistance, individuals can contact info@ccoffice.in or call/WhatsApp 9988424211.

FAQs

Q1. What is the validity period of a registered trademark in India?

Ans. A registered trademark in India is valid for 10 years from the date of registration and can be renewed indefinitely every 10 years.

Q2. When should I apply for trademark renewal in India?

Ans. You can apply for renewal within 6 months before the expiry of the trademark registration. Late renewal is allowed within 6 months after expiry (with surcharge).

Q3. What happens if I don’t renew my trademark on time?

Ans. If the trademark is not renewed, it may be removed from the register, and you lose exclusive rights to use the mark. However, restoration is possible within 1 year of expiration.

Q4. What is the process for renewing a trademark in India?

Ans. File Form TM-R with the appropriate fee. You can renew the trademark with or without changes to the existing mark or details.

Q5. What is the government fee for trademark renewal in India?

Ans. As of now, the fee for filing Form TM-R is: