Trademark renewal is the process of extending the legal protection of your registered trademark in India. A trademark registration is valid for 10 years from the date of its application. To maintain your exclusive rights and prevent others from using a similar mark, you must renew your trademark before its expiration.
Why is Trademark Renewal Important?
Continued Legal Protection
Ensures your brand name, logo, or slogan continues to receive legal protection in India for another ten years. This prevents competitors from using confusingly similar marks.
Maintains Exclusive Rights
You retain the sole right to use the trademark for the specified goods or services.
Protects Brand Identity and Goodwill
Your trademark is a valuable asset that represents your business’s reputation and quality. Renewal safeguards this intellectual property from being misused.
Avoids Loss of Rights
If not renewed, your trademark will be removed from the register, and anyone else could apply for and potentially register the same or a similar mark, leading to loss of brand identity, market share, and legal recourse.
Business Asset
A renewed trademark continues to be an intangible asset that can be licensed, assigned, or used for business expansion.
When to Renew Your Trademark (Due Dates & Grace Periods)
The Trademarks Act, 1999, and the Trademark Rules, 2017, govern the renewal timelines:
Ideal Time to File
You can file the renewal application (Form TM-R) up to one year prior to the expiry date of your trademark registration.
Official Reminder
The Registrar of Trademarks is typically required to send a notice (Form O-3) to the registered proprietor six months prior to the expiry date, informing them about the deadline and renewal conditions. However, it’s crucial not to rely solely on this notice and to maintain your own records.
Expiry Date
Your trademark expires exactly 10 years from its application date (or last renewal date).
Grace Period (with Surcharge)
If you miss the initial deadline, you have a grace period of six months after the expiry date to renew your trademark. However, this comes with a surcharge in addition to the normal renewal fee.
Restoration Period (More Complex & Costly)
If you miss the grace period as well, your trademark will be removed from the register. However, it can still be restored. An application for restoration and renewal can be filed after six months and within one year from the expiry of the last registration. This process involves higher fees and requires a formal request for restoration.
Documents Required for Trademark Renewal
While no physical documents are “attached” in online filing, you’ll need the following information and soft copies for reference:
Trademark Registration Number
This is essential for identifying your trademark.
Soft Copy of the Trademark Registration Certificate
For reference and verification.
Soft Copy of the Originally Filed Trademark Application (Form TM-A)
This contains crucial details about the initial registration.
Applicant’s Identity and Address Proof
(e.g., PAN Card, Aadhaar Card for individuals; Certificate of Incorporation, PAN for companies/LLPs).
Power of Attorney (Form TM-48)
If you are filing through a trademark agent or attorney, a signed Power of Attorney authorizing them to act on your behalf.
Proof of Trademark Usage (Optional but Recommended)
While not strictly mandatory for renewal, providing evidence of continued use can strengthen your case, especially in case of any future disputes.
Fees for Trademark Renewal
The government fees for trademark renewal (Form TM-R) vary based on the applicant type and the filing method:
Normal Renewal (Filed before expiry)
For Individuals, Startups (DPIIT recognized), and Small Enterprises (MSME Udyog Aadhaar registered)
- E-filing: ₹4,500 per class.
- Physical Filing: ₹5,000 per class.
For All Other Applicants (e.g., Larger Companies, Non-Small Entities)
- E-filing: ₹9,000 per class.
- Physical Filing: ₹10,000 per class.
Renewal within Grace Period (within 6 months after expiry – with Surcharge)
- The surcharge is equal to the normal renewal fee. So, you effectively pay double the normal renewal fee.
For Individuals, Startups, and Small Entities (online)
₹4,500 (normal) + ₹4,500 (surcharge) = ₹9,000 per class.
For All Other Applicants (online)
₹9,000 (normal) + ₹9,000 (surcharge) = ₹18,000 per class.
Restoration and Renewal (after grace period and within one year from expiry)
- This involves the normal renewal fee plus an additional restoration fee, which is typically also equivalent to the normal renewal fee. So, effectively, you pay three times the normal renewal fee.
For Individuals, Startups, and Small Entities (online)
₹4,500 (renewal) + ₹4,500 (surcharge) + ₹4,500 (restoration) = ₹13,500 per class.
For All Other Applicants (online)
₹9,000 (renewal) + ₹9,000 (surcharge) + ₹9,000 (restoration) = ₹27,000 per class.
(Note: These are government fees. Professional fees for trademark agents/attorneys would be extra.)
Step-by-Step Process for Trademark Renewal Online
Monitor Expiry Date
Keep track of your trademark’s 10-year expiry date. While the Registry sends reminders, they can sometimes be missed.
File Form TM-R
- Log in to the Intellectual Property India e-filing portal (ipindia.gov.in).
- Navigate to the e-filing section for trademarks.
- Select and fill out Form TM-R (Application for renewal of a registered trademark).
- You’ll need to provide the trademark registration number, the classes for which you wish to renew, and details of the applicant/proprietor.
- Option to Renew with/without alterations: You have the choice to renew the trademark as is, or with minor alterations (e.g., changing the address). However, major alterations might require a fresh application.
Upload Documents
Upload any necessary documents (like Power of Attorney) as required by the form.
Review and Sign
Carefully review all the details filled in the form. The application needs to be signed digitally using a Digital Signature Certificate (DSC) of the authorized signatory, especially for companies.
Pay Fees
Make the payment of the prescribed government fees online. Ensure you pay the correct fee based on your applicant type and whether you are within the normal period or the grace period/restoration period.
Acknowledgement and Receipt
Upon successful submission and payment, you will receive an acknowledgment slip and a payment receipt.
Scrutiny and Publication (Sometimes)
The Registry will scrutinize the renewal application. In some cases, especially if there are changes or issues, the renewal might be advertised in the Trademark Journal again. A four-month opposition period may apply if it’s re-published.
Grant of Renewal Certificate
If the application is approved (no objections or opposition, or if they are resolved), the Registrar will issue the Trademark Renewal Certificate, signifying the extension of your trademark protection for another 10 years.
What Happens If You Don't Renew Your Trademark?
Loss of Exclusive Rights
You lose the sole legal right to use your trademark.
Vulnerability to Infringement
Others can start using an identical or deceptively similar mark without legal consequences from your end, leading to consumer confusion and dilution of your brand.
Loss of Brand Value
Your brand’s goodwill and recognition, built over years, can be severely impacted if others start using your mark.
Cancellation of Trademark
The trademark will be removed from the Register of Trademarks.
Expensive Restoration
If you want to use the mark again, you’ll have to go through a more complex and expensive restoration process, and there’s no guarantee the Registrar will approve it, especially if someone else has already applied for a similar mark.
Potential Rebranding
In the worst-case scenario, if another party registers your lapsed trademark, you might be forced to rebrand, which is a costly and disruptive exercise.
To ensure continuous protection and avoid severe consequences, it is highly recommended to prioritize trademark renewal and initiate the process well in advance of the expiry date. Consulting from our trademark experts for help ensure a smooth and timely renewal process.