Step-by-Step Guide
5 Steps
How to Renew a Trademark in India (TM-R Form Process)
Complete guide on how to renew a trademark in India using Form TM-R. Covers renewal fees, timeline, documents needed, late renewal with surcharge, restoration of expired trademarks, and step by step online filing process on the IP India portal.
Quick Overview
Estimated Cost
₹9000
Time Required
1 to 3 Days
Total Steps
5 Steps
What You'll Need
Documents Required
- Trademark Registration Certificate or acknowledgment of the original trademark application
- Trademark Registration Number (allotted by the Trade Marks Registry)
- Copy of the registered trademark (logo, wordmark, or device mark as originally registered)
- Name and address of the registered proprietor (must match the Registry records)
- Power of Attorney or authorization letter (if filing through a trademark agent or attorney)
- Identity proof of the proprietor (PAN, Aadhaar, or passport for individuals; Certificate of Incorporation for companies)
- Proof of continued use of the trademark (invoices, packaging, advertising material) if requested by the Registry
- Form TMA (if seeking amendment of address or other particulars during renewal)
Tools & Prerequisites
- Active account on the IP India online portal (ipindia.gov.in)
- Internet connection and a web browser for online filing
- Online payment facility (net banking, credit card, debit card, or UPI) for paying renewal fees
- Trademark agent or attorney (optional but recommended for ensuring accuracy)
- Access to the IP India public search database to verify current trademark status
A registered trademark is one of the most valuable intangible assets a business can own. It protects your brand name, logo, slogan, or any distinctive sign that identifies your products or services in the marketplace. In India, a registered trademark is valid for 10 years from the date of the original application and can be renewed indefinitely for successive 10-year periods.
However, trademark protection is not automatic after the initial registration. You must actively renew your trademark before or shortly after each 10-year period expires. Failing to renew means losing your registered trademark rights, opening the door for competitors to register similar marks, and potentially losing years of brand-building investment.
This guide explains the complete process of renewing a trademark in India, including the timeline, fees, documents needed, late renewal procedures, and restoration of expired trademarks.
Understanding Trademark Validity and Renewal Timeline
The first step in the renewal process is understanding how trademark validity works in India under the Trade Marks Act 1999.
Key Validity Facts
- A registered trademark is valid for 10 years from the date of the application (not from the date of registration or certificate issuance)
- The trademark can be renewed for successive periods of 10 years each, with no upper limit on the number of renewals
- Renewal can be filed up to 6 months before the expiry date (the earliest you can file)
- If not renewed before expiry, there is a 6-month grace period after expiry during which renewal can be filed with a surcharge
- After the grace period, the trademark is removed from the register by the Registrar
- A removed trademark can potentially be restored within 6 months to 1 year from the date of removal
| Period | Action Available | Fee Per Class (E-filing) |
|---|---|---|
| 6 months before expiry | Standard renewal (Form TM-R) | 9,000 rupees |
| On the expiry date | Last day for standard renewal | 9,000 rupees |
| 1 to 6 months after expiry | Late renewal with surcharge (Form TM-R) | 9,000 + 4,500 rupees surcharge = 13,500 rupees |
| After 6 months of expiry | Trademark removed from register | Not applicable |
| 6 months to 1 year after removal | Restoration (Form TM-R + Form TM-13) | 9,000 + 4,500 + 3,000 rupees = 16,500 rupees |
| After 1 year of removal | New application required (re-registration) | 4,500 rupees for new TM-A application |
To find your trademark renewal date, look at the date of filing mentioned on your registration certificate (not the registration date or certificate date). Add 10 years to the filing date. For example, if your trademark was filed on March 15, 2016, the renewal is due on March 15, 2026. You can file for renewal from September 15, 2025 onwards. If you are unsure of the dates, search for your trademark on the IP India public search portal.
Step 1: Check Your Trademark Status
Before filing for renewal, verify the current status of your trademark on the IP India portal.
How to Check Trademark Status
- Visit the IP India public search portal at ipindiaservices.gov.in
- Select National/IRDI Number Search and enter your trademark application or registration number
- View the status details including: current status (Registered, Renewed, Expired, Removed), date of application, date of registration, class or classes, proprietor name and address, and renewal due date
- Verify that the proprietor's name and address match your current details. If there are discrepancies, file an amendment using Form TM-P before filing for renewal
Registered: The trademark was registered and is within its validity period. Renewed: The trademark was renewed after a previous validity period expired. Expired: The validity period has ended but the trademark has not yet been removed. Removed: The trademark has been removed from the register due to non-renewal. Cancelled: The trademark was cancelled through a cancellation or rectification proceeding. Only trademarks with Registered, Renewed, or Expired status can be renewed through Form TM-R.
Step 2: Prepare the Renewal Documents
Gather the following documents before filing the renewal application.
- Trademark registration number (the unique number allotted by the Trade Marks Registry)
- Proprietor's details including full name and current address (must match Registry records)
- Power of Attorney if the renewal is being filed by a trademark agent on your behalf
- Identity proof of the proprietor (PAN, Aadhaar, passport for individuals; Certificate of Incorporation for companies)
- Form TM-P (if any amendments to proprietor details are needed before renewal)
- Form TM-13 (only if the trademark has been removed and restoration is required)
If Proprietor Details Have Changed
If the registered proprietor has changed their name, address, or if the trademark has been assigned to a new owner, these changes must be recorded with the Registry before or simultaneously with the renewal. Common scenarios and their solutions.
| Scenario | Form Required | Documents Needed |
|---|---|---|
| Change of address of proprietor | Form TM-P | Address proof and request letter |
| Change of proprietor name (individual) | Form TM-P | Name change deed or gazette notification |
| Change of company name | Form TM-P | RoC certificate of name change |
| Trademark assigned to new owner | Form TM-24 | Assignment deed and NOC from original proprietor |
| Proprietor deceased (individual) | Form TM-24 (Transmission) | Death certificate, succession certificate or probate |
Step 3: File Form TM-R Online
Follow these steps to file the trademark renewal application on the IP India e-filing portal.
Online Filing Process
- Visit the IP India e-filing portal at ipindia.gov.in and log into your account (create one if you do not have one)
- Navigate to Trademarks and select Apply for Trademark
- Select Form TM-R (Application for Renewal of Registration of Trademark)
- Enter the trademark registration number
- Select the class or classes for which you are renewing
- Enter the proprietor's name and address (must match Registry records exactly)
- If filing through an agent, enter the agent registration number and upload the Power of Attorney
- If renewing after expiry, select the late renewal option and note that the surcharge will be added to the fee
- Review all details carefully and submit the form
- Make the payment through net banking, credit card, debit card, or UPI
- Download and save the acknowledgment receipt with the diary number
Verify the registration number, proprietor name, and class details carefully before submitting. Errors in the form can lead to processing delays or rejection. The most common mistake is entering the application number instead of the registration number. These are two different numbers. The registration number is the number allotted after the trademark is registered, while the application number is the number given when the application was first filed.
Step 4: Pay the Renewal Fee
The renewal fee must be paid at the time of filing. Here is a detailed breakdown of the fees.
| Filing Type | Standard Fee (Per Class) | Late Surcharge (Per Class) | Restoration Fee (TM-13) | Total (Per Class) |
|---|---|---|---|---|
| E-filing before expiry | 9,000 rupees | Not applicable | Not applicable | 9,000 rupees |
| Physical filing before expiry | 10,000 rupees | Not applicable | Not applicable | 10,000 rupees |
| E-filing after expiry (grace period) | 9,000 rupees | 4,500 rupees | Not applicable | 13,500 rupees |
| Physical filing after expiry (grace period) | 10,000 rupees | 5,000 rupees | Not applicable | 15,000 rupees |
| Restoration after removal (e-filing) | 9,000 rupees | 4,500 rupees | 3,000 rupees | 16,500 rupees |
If your trademark is registered in multiple classes, the renewal fee is charged per class. For example, if your trademark is registered in 3 classes and you are renewing before expiry, the total fee will be 9,000 x 3 = 27,000 rupees by e-filing. Review which classes are still relevant to your business. You can choose to renew in only the classes that you actually use or plan to use, and let the registration in irrelevant classes lapse.
Step 5: Track and Receive the Renewal Certificate
After filing the renewal application and paying the fee, track the progress on the IP India portal.
- Log into the IP India portal and go to the Document Status section
- Enter the diary number from your acknowledgment receipt to check the processing status
- Alternatively, search for your trademark using the registration number to see if the status has been updated to Renewed
- If the Registry raises any objections or requests additional information, respond promptly to avoid delays
- Once processed, the Registry issues a Renewal Certificate confirming the extended validity
Processing time varies from 1 to 3 months. In straightforward cases, the renewal may be processed within a few weeks. Keep the payment receipts and acknowledgment safe as proof of renewal filing until the certificate is issued.
Restoring a Removed Trademark
If your trademark has been removed from the register due to non-renewal, you may still be able to restore it. This process is only available for a limited window after removal.
Restoration Process
- Confirm the date of removal by searching on the IP India portal
- If the removal was within the last 6 months to 1 year, you can apply for restoration
- File Form TM-R (renewal application) along with Form TM-13 (restoration application) on the IP India portal
- Pay the combined fees: renewal fee (9,000 rupees) + late surcharge (4,500 rupees) + restoration fee (3,000 rupees) = 16,500 rupees per class
- The Registrar may require you to provide reasons for the delay in renewal and evidence of continued use of the trademark
- If the restoration is approved, the trademark is re-entered in the register with the renewed validity from the original expiry date
During the period your trademark is removed from the register, third parties can file applications for identical or similar trademarks in the same class. If a third party has filed such an application during the removal period, your restoration may be challenged or may not prevent the third party's application from proceeding. This is one of the strongest reasons to renew your trademark on time. Prevention is always better and cheaper than restoration.
What Happens If You Do Not Renew at All
If you choose not to renew your trademark and the restoration period also passes, you lose your registered trademark rights entirely. The consequences include the following.
- You cannot use the registered trademark symbol (the encircled R). You can only use the TM symbol, which indicates that you claim the mark as yours but it is not registered
- You lose the legal presumption of validity and ownership that comes with registration. In any dispute, you will need to prove your rights from scratch
- Third parties can file applications for the same or similar trademarks. If they obtain registration, they can potentially enforce it against you
- Infringement actions become weaker. While you still have common law rights (passing off), they are harder and more expensive to enforce than statutory trademark infringement
- Brand protection on online platforms like Amazon Brand Registry, which require active trademark registration, will be affected
- You may need to file a completely new application which involves the full examination, publication, and opposition process taking 12 to 24 months
Trademark Renewal for Different Types of Proprietors
Individual Proprietors
If the trademark is registered in an individual's name, the individual must file the renewal. If the individual has passed away, the legal heirs must record the transmission through Form TM-24 before filing renewal in their name.
Proprietorship Firms
Trademarks registered in the name of a sole proprietorship firm are effectively registered in the proprietor's individual name. The renewal process is the same as for individuals.
Partnership Firms and LLPs
If the trademark is registered in the name of a partnership firm or LLP, the authorized partner or designated partner can file the renewal. If there has been a change in the firm's name or composition, update the records with the Registry before renewal.
Companies (Private Limited, Public Limited, OPC)
Companies file trademark renewals through their authorized representative. A board resolution authorizing the renewal may be needed. If the company has been acquired or merged, the trademark assignment must be recorded before renewal. Learn about company registration and its impact on intellectual property management.
Tips for Managing Trademark Renewals
- Maintain a trademark portfolio register: Keep a spreadsheet or database of all your registered trademarks with their registration numbers, classes, validity dates, and renewal due dates
- Set calendar reminders: Set reminders 12 months, 6 months, and 3 months before each trademark renewal date
- Keep the Registry updated: Whenever your address changes, file Form TM-P to update the Registry. This ensures you receive renewal notices at the correct address
- File renewal early: Do not wait until the last moment. File the renewal 3 to 6 months before expiry to allow time for processing and to handle any issues
- Use a trademark agent: For businesses with multiple trademarks, engage a registered trademark agent who can track all deadlines and handle renewals proactively
- Maintain proof of use: Even though proof of use is not required for renewal, maintain evidence of trademark use (invoices, advertisements, packaging) to defend against potential cancellation actions
- Review your class strategy: At each renewal, review whether all the classes your trademark is registered in are still relevant. Drop unnecessary classes to save costs
Related Intellectual Property Services
Trademark renewal is part of a broader intellectual property management strategy. Explore these related services and guides.
- If you have not yet registered your brand, start with trademark registration in India
- Received a trademark objection? Learn how to respond to a trademark objection
- Protect your creative works with copyright registration
- Secure your inventions through patent registration in India
- Explore the complete trademark registration process if you need to file a new application for an evolved brand
Conclusion
Trademark renewal is a straightforward but critically important compliance activity that every trademark owner must prioritize. The process involves filing Form TM-R on the IP India portal, paying the prescribed fee, and receiving the renewal certificate from the Trade Marks Registry. The entire process can be completed within 1 to 3 months if filed correctly.
The most important takeaway is to renew on time. Filing before expiry costs 9,000 rupees per class. Filing during the grace period costs 13,500 rupees. Restoration after removal costs 16,500 rupees per class and comes with the risk of third-party applications. Re-filing a new application is even more expensive and time-consuming. Proactive renewal is by far the most cost-effective approach to trademark maintenance.
If you need help with trademark renewal, our intellectual property team at IncorpX can handle the entire process including status verification, document preparation, online filing, and tracking. We also offer ongoing trademark watch and portfolio management services to ensure none of your registrations ever lapse.
Frequently Asked Questions
How long is a trademark valid in India?
A registered trademark in India is valid for 10 years from the date of application. This is different from many other countries where the validity period starts from the date of registration. After the initial 10-year period, the trademark can be renewed for successive periods of 10 years each indefinitely, as long as the renewal application and fee are submitted on time. There is no limit on the number of times a trademark can be renewed, making it possible to maintain trademark protection permanently.
When should I file for trademark renewal?
You can file for trademark renewal up to 6 months before the expiry date and up to 6 months after the expiry date (with a surcharge). The ideal time to file is 3 to 6 months before expiry to ensure there is enough time for processing and to avoid any lapse in protection. Filing before expiry means you pay only the standard renewal fee without any surcharge. If you file after expiry but within the grace period, you must pay an additional surcharge of 4,500 rupees per class. After the 6-month grace period, the trademark is removed from the register.
What is the trademark renewal fee in India in 2026?
The trademark renewal fee in India for 2026 is 9,000 rupees per class for e-filing and 10,000 rupees per class for physical filing. If the renewal is filed after the expiry date but within the 6-month grace period, an additional surcharge of 4,500 rupees per class is payable on top of the standard renewal fee. If the trademark has been removed from the register and you are filing for restoration, you also need to pay the Form TM-13 fee of 3,000 rupees in addition to the renewal fee and surcharge. These fees are per class, so trademarks registered in multiple classes require separate fees for each class.
What is Form TM-R?
Form TM-R is the prescribed form for filing a trademark renewal application with the Trade Marks Registry in India under Rule 63 of the Trade Marks Rules 2017. It is used for renewing the registration of a trademark before or after its expiry. The form requires the trademark registration number, details of the registered proprietor, the class or classes in which the trademark is registered, and a declaration that the trademark continues to be in use. Form TM-R can be filed online through the IP India e-filing portal or physically at the appropriate Trade Marks Registry office.
Can I renew my trademark online?
Yes, trademark renewal can be done entirely online through the IP India e-filing portal at ipindia.gov.in. The online process involves creating an account (or logging into an existing account), filling out Form TM-R with the trademark details, uploading supporting documents, and making the payment electronically. Online filing is faster, cheaper (9,000 rupees versus 10,000 rupees for physical filing), and provides immediate acknowledgment. You can track the status of your renewal application online as well. The physical filing option is available at the Trade Marks Registry office in Mumbai, Delhi, Kolkata, Chennai, or Ahmedabad.
What happens if I do not renew my trademark?
If you do not renew your trademark by the expiry date, the following happens: during the 6-month grace period after expiry, you can still renew by paying the standard fee plus a surcharge. After the grace period, the Registrar removes the trademark from the register. Once removed, your trademark loses its registered status and the encircled R symbol can no longer be used. Third parties can file applications for identical or similar trademarks. You lose the legal presumption of validity and ownership that comes with registration. Other businesses may start using your brand name or logo without facing infringement proceedings. However, you may still file for restoration within 6 months to 1 year of removal.
Can I restore a trademark that has been removed from the register?
Yes, a trademark that has been removed due to non-renewal can be restored within 6 months to 1 year from the date of removal. To restore a removed trademark, file Form TM-R (renewal application) along with Form TM-13 (application for restoration) with the Trade Marks Registry. You must pay the renewal fee, the late renewal surcharge, and the restoration fee (Form TM-13 fee of 3,000 rupees). The Registrar may also require evidence that the trademark was in use during the period of non-renewal. Note that during the period the trademark was removed, if another party has applied for or registered a similar mark, the restoration may be refused or contested.
What documents are needed for trademark renewal?
The documents required for trademark renewal include: the trademark registration number (this is the most critical piece of information), the original registration certificate or a copy for reference, proprietor's identity proof (PAN, Aadhaar, or passport for individuals; CoI for companies), Power of Attorney if filing through an agent or attorney, and any amendment forms (TM-P) if there are changes in the proprietor's name or address since the last renewal. Unlike the initial registration, no representation of the trademark needs to be submitted during renewal as it is already on record. Proof of use may be requested if the renewal is contested or if the Registry has concerns.
Does the Trademark Registry send a renewal reminder?
The Trade Marks Registry sends a renewal reminder notice to the registered proprietor approximately 6 months before the expiry date. This notice is sent to the address recorded in the Registry. However, it is the proprietor's responsibility to ensure timely renewal regardless of whether the notice is received. Non-receipt of the reminder notice is not a valid ground for late filing or non-filing. It is recommended to maintain a trademark renewal calendar and set reminders well in advance. Many trademark agents and law firms offer renewal tracking and reminder services for their clients.
Can I renew a trademark that is pending registration?
No, you cannot renew a trademark that is still in the application stage and has not yet been registered. Renewal applies only to trademarks that have been granted registration by the Trade Marks Registry. If your trademark application has been pending for a long time (more than 10 years from the application date), the question of renewal may arise. In such cases, the Registry typically processes the registration first, and the 10-year validity period is counted from the original application date. If the trademark should have been renewed during the pendency, the Registry may require you to pay the renewal fee upon registration.
What is the difference between trademark renewal and trademark assignment?
Trademark renewal is the process of extending the validity of an existing trademark registration for another 10 years by paying the prescribed fee. The proprietor remains the same. Trademark assignment is the process of transferring ownership of the trademark from one person or entity to another. Assignment requires filing Form TM-24 with the Registry along with the assignment deed. If a trademark has been assigned but the assignment has not been recorded, the previous owner's name will still appear on the register, and renewal notices will be sent to them. Always record assignments before the renewal is due to avoid confusion.
Can a trademark be renewed if the proprietor has changed their name or address?
Yes, but you should first file an amendment using Form TM-P to update the proprietor's name or address in the Registry records. Filing the renewal with mismatched proprietor details may result in the application being flagged for discrepancies. If the proprietor is an individual who has changed their name (for example, after marriage), submit the name change proof along with TM-P. If the company has changed its name under the Companies Act, submit the RoC certificate of name change. It is possible to file TM-P and TM-R simultaneously to update the records and renew in one go.
What is the penalty for late trademark renewal?
The penalty for late trademark renewal in India is a surcharge of 4,500 rupees per class on top of the standard renewal fee of 9,000 rupees. This surcharge applies when the renewal is filed during the 6-month grace period after expiry. So the total cost for late renewal by e-filing is 13,500 rupees per class (9,000 standard fee plus 4,500 surcharge). After the 6-month grace period, the trademark is removed from the register, and restoration costs even more (renewal fee plus surcharge plus TM-13 restoration fee of 3,000 rupees). The total restoration cost can be approximately 16,500 rupees per class by e-filing.
How long does the trademark renewal process take?
The trademark renewal process typically takes 1 to 3 months from the date of filing for the Registry to process the application and update the status. If the application is filed correctly with the right fee, the renewal is usually processed without any hearing or examination. The acknowledgment and diary number are issued immediately upon filing. The updated status can be tracked on the IP India portal. In straightforward cases with no discrepancies, some renewals are processed within a few weeks. If the Registry raises any objections or requests additional information, the process may take longer.
Is proof of use required for trademark renewal?
Unlike some other jurisdictions, India does not require proof of use as a mandatory document for trademark renewal. The renewal is primarily an administrative process of paying the fee and extending the registration period. However, the Registry may request evidence of use in certain situations, such as when a third party files a cancellation or rectification petition alleging non-use, or when the renewal is contested. Under Section 47 of the Trade Marks Act 1999, a registered trademark can be cancelled if it has not been used for a continuous period of 5 years. Therefore, while not required for renewal itself, maintaining evidence of use is important for defending against cancellation actions.
Can a trademark be partially renewed for some classes only?
Yes, if your trademark is registered in multiple classes, you can choose to renew it in only some of the classes and let the registration lapse in others. This is useful when your business has expanded or contracted and certain class registrations are no longer relevant. Each class requires a separate renewal fee of 9,000 rupees. If you choose not to renew in a particular class, the trademark registration in that class will expire and eventually be removed. Be strategic about which classes to maintain based on your current and future business needs.
What is the validity of a renewed trademark?
A renewed trademark is valid for 10 years from the date of expiry of the previous registration period, not from the date of renewal filing. For example, if your trademark expired on January 15, 2026 and you filed for renewal on March 10, 2026, the renewed trademark will be valid until January 15, 2036 (not March 10, 2036). This ensures that trademark owners are not penalized for early or late filing, and the validity periods remain consistent and predictable. Each subsequent renewal adds another 10 years from the last expiry date.
Can someone else file for renewal on my behalf?
Yes, trademark renewal can be filed by an authorized agent or attorney on behalf of the registered proprietor. The agent must be a registered Trademark Agent with the Trade Marks Registry. A Power of Attorney (POA) authorizing the agent to act on behalf of the proprietor must be submitted along with the renewal application. Many trademark agents and intellectual property law firms handle renewals as part of their ongoing trademark management services. Using an agent is recommended because they can monitor renewal deadlines, ensure accurate filing, and handle any objections from the Registry.
What is Form TM-13 and when is it used?
Form TM-13 is the application form for restoration of a trademark that has been removed from the register due to non-renewal. When a trademark expires and the 6-month grace period also passes, the Registrar removes the trademark from the register. After removal, the proprietor can apply for restoration by filing Form TM-13 along with Form TM-R within a specified period (typically within 6 months to 1 year from the date of removal). The fee for Form TM-13 is 3,000 rupees. The Registrar will examine the application and may require the proprietor to show cause why the trademark should be restored before granting the restoration.
Does trademark renewal require examination by the Registry?
No, trademark renewal is primarily an administrative process and does not involve a substantive examination of the trademark. Unlike the initial registration, where the trademark is examined for distinctiveness, prior marks, and other grounds of refusal, the renewal process simply extends the existing registration. The Registry verifies that the renewal form is correctly filled, the correct fee has been paid, and the proprietor details match the records. If everything is in order, the renewal is processed without any hearing or examination. However, if there are discrepancies or if a third party opposition is pending, the Registry may raise queries.
What is the difference between trademark renewal and trademark re-registration?
Trademark renewal is the process of extending an existing registration for another 10 years by filing Form TM-R and paying the renewal fee. The original registration details, priority date, and rights remain unchanged. Re-registration (or re-filing) means filing a completely new trademark application after the old registration has expired and the restoration period has also passed. A new application does not have the benefit of the original filing date and must undergo the full examination, publication, and opposition process again. Re-registration is essentially starting from scratch and is far more time-consuming and uncertain than timely renewal.
Can I change my trademark during renewal?
No, you cannot change the trademark itself during renewal. The renewal process extends the protection for the exact same trademark as originally registered. If you want to change the design, font, colors, or wording of your trademark, you must file a new trademark application for the modified version. Minor corrections (like fixing a typographical error in other details) can be addressed through an amendment form (TM-P), but the trademark representation itself cannot be altered. If your brand has evolved significantly, consider filing a fresh application at trademark registration for the updated version while maintaining the renewal of the original mark.
How do I check when my trademark renewal is due?
You can check your trademark renewal date through the following methods: search for your trademark on the IP India public search portal at ipindiaservices.gov.in using your registration number or trademark name. The search results will show the date of registration or last renewal. Add 10 years to this date to determine the renewal due date. You can also check the original registration certificate which states the validity period. If you registered the trademark through an agent, they typically maintain a renewal tracking database and will send you a reminder. It is important to note that the 10-year period is calculated from the date of the original application, not the date of registration.
What happens during the 6-month grace period after trademark expiry?
During the 6-month grace period after expiry, the trademark remains on the register but its status is marked as expired or due for renewal. The proprietor can still file for renewal during this period by paying the standard renewal fee plus a surcharge of 4,500 rupees per class. The trademark continues to enjoy protection during the grace period, and the proprietor can still take action against infringers. However, courts may take a less favorable view of infringement claims when the trademark owner has been negligent about renewal. It is strongly advised to renew before expiry to maintain uninterrupted protection.
Is there a trademark renewal alert service by the government?
The Trade Marks Registry sends a renewal notice approximately 6 months before the expiry date to the address recorded in the Registry. However, these notices are sent by ordinary post and may not always reach the proprietor, especially if the address has changed and has not been updated in the Registry. There is no official email or SMS alert service from the government. Several private trademark management platforms and IP law firms offer paid trademark watch and renewal alert services that send automated email and SMS reminders when renewal deadlines approach. Setting up a reminder in your own calendar is also recommended.
Can a trademark renewal application be opposed?
Trademark renewal itself is generally not subject to opposition by third parties. Opposition proceedings apply during the initial registration process when the trademark is published in the Trade Marks Journal. However, third parties can challenge a renewed trademark through cancellation or rectification proceedings under Section 57 of the Trade Marks Act before the IPAB or High Court. Grounds for cancellation include non-use of the trademark for a continuous period of 5 years, registration obtained by fraud or misrepresentation, or the trademark becoming generic. Therefore, while renewal is not directly opposed, the underlying registration can be challenged at any time.
How does trademark renewal work for international registrations?
If your trademark is registered in India through the Madrid Protocol (international registration designating India), the renewal process is different. International registrations under the Madrid Protocol are renewed through the World Intellectual Property Organization (WIPO), not through the Indian Trade Marks Registry. The renewal fee is paid to WIPO in Swiss francs, and WIPO notifies the designated countries including India. The international registration is valid for 10 years from the date of international registration and can be renewed indefinitely. If your India-specific trademark was obtained through a national application (not through Madrid), follow the standard Indian renewal process using Form TM-R.
What is the role of a Trademark Agent in the renewal process?
A registered Trademark Agent assists in the renewal process by: monitoring renewal deadlines and sending timely reminders, verifying the current status and details of the trademark on the Registry, preparing and filing Form TM-R accurately, handling payment of fees, responding to any office actions or queries from the Registry, filing amendment forms if there are changes in proprietor details, advising on class maintenance strategy (which classes to renew and which to drop), and maintaining records of all trademark registrations and their renewal dates. While using an agent is not mandatory for renewal, it is recommended for businesses with multiple trademarks to ensure no renewal is missed.
Can trademark renewal be done at any Trade Marks Registry office?
Yes, if filing physically, the trademark renewal can be filed at any of the five Trade Marks Registry offices in India: Mumbai (headquarter), Delhi, Kolkata, Chennai, or Ahmedabad. However, it is recommended to file at the office where the trademark was originally registered or last processed. For online filing through the IP India portal, the physical location of the Registry does not matter as the application is processed electronically. Online filing is the preferred method as it is faster, provides immediate acknowledgment, and costs 1,000 rupees less per class than physical filing.
What are the common reasons for trademark renewal rejection?
Trademark renewal applications are rarely rejected, but the common reasons for issues include: incorrect registration number entered in the form, mismatch in proprietor details (name or address does not match Registry records), insufficient fee payment (wrong fee amount, fee for wrong number of classes), trademark under cancellation proceedings where the Registry may withhold renewal pending the outcome, pending assignment that has not been recorded (renewal filed in the old proprietor's name while assignment has been executed), and technical errors in the online form. Most issues can be resolved by filing a corrected application or responding to the Registry's office action.
Should I renew a trademark I am no longer using?
This is a strategic decision. If you are not currently using the trademark but plan to use it in the future, renewing it maintains your rights and prevents others from registering similar marks. However, keep in mind that under Section 47 of the Trade Marks Act, a trademark can be cancelled for non-use for 5 continuous years. So even if you renew, a third party can apply for cancellation if you do not use the mark. If you have no intention of using the trademark in the future, allowing it to lapse is a reasonable option. Consider the following factors: the value of the brand, the risk of competitors adopting similar marks, and potential licensing or assignment opportunities.
How do I renew a trademark registered in a deceased proprietor's name?
If the registered proprietor has passed away, the legal heirs or successors must first record the transmission of the trademark in their name with the Trade Marks Registry by filing Form TM-24 along with the death certificate, succession certificate or probate of will, and proof of the applicant's entitlement. Once the transmission is recorded, the successor can file for renewal in their own name using Form TM-R. If the renewal deadline is approaching before the transmission can be recorded, it is advisable to file the renewal application in the deceased proprietor's name to prevent expiry, and then record the transmission separately.
What is the difference between trademark renewal in India and other countries?
Key differences include: in India, the trademark validity is 10 years from the date of application, while in the US it is 10 years from registration (with a required Statement of Use between the 5th and 6th year). India does not require proof of use for renewal, while the US requires proof of use at the 5th year and at each renewal. India has a 6-month post-expiry grace period, while the US has a 6-month grace period and the EU allows late renewal for up to 6 months. India's renewal fee is 9,000 rupees per class (approximately 100 USD), which is significantly lower than the US (300 USD per class) and EU (850 EUR for the first class). These differences make India one of the more affordable jurisdictions for trademark maintenance.
Can I add new goods or services to my trademark during renewal?
No, you cannot add new goods or services during the renewal process. Renewal simply extends the protection for the same goods and services in the same class or classes as the original registration. If you want to protect additional goods or services, you must file a new trademark application in the relevant class. You can, however, narrow down the scope of your goods and services during renewal if you no longer need protection for certain items. The renewal form does not typically include a specification of goods and services as the original specification carries forward automatically.
How is a well-known trademark renewal handled?
A trademark that has been declared as a well-known trademark under Section 2(1)(zg) of the Trade Marks Act follows the same renewal process as any other trademark. The well-known status does not provide any special renewal procedure or fee exemption. However, the well-known status provides broader protection across all classes of goods and services, regardless of which specific classes the trademark is registered in. Therefore, it is particularly important to keep a well-known trademark renewed and active, as the lapse of registration could weaken the legal standing even though common law and passing off rights may continue.
What are the benefits of timely trademark renewal?
Timely trademark renewal provides several important benefits: uninterrupted legal protection for your brand, the right to continue using the registered trademark symbol, lower costs (no surcharge or restoration fee), no risk of third-party applications for similar marks during a lapse period, stronger enforcement position in infringement cases (courts view proactive maintenance favorably), continued deterrence against counterfeiters and imitators, ability to maintain Amazon Brand Registry, social media verifications, and other platform protections that require active trademark registration, and peace of mind knowing your intellectual property is secure.
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