A trademark is perhaps the most precious business asset, as it creates brand identity and guards it against unauthorized use. Registering a trademark is not sufficient; it needs to be renewed from time to time to enjoy legal protection.
In this article, we will see the significance of trademark renewal, the procedures for trademark renewal in India, the renewal costs involved, and the timelines you need to adhere to in order not to lose trademark.
Did You Know?
- India-registered trademark is valid for 10 years but has to be renewed before its expiration to continue possessing rights.
- Delay in renewal of a trademark results in its deletion from the trademark register.
- Expired trademarks can even be revived within six months after expiry at an extra fee.
Why Trademark Renewal Matters?
- Ongoing Legal Protection
Trademark renewal grants ongoing legal ownership, making it unlawful for others to use or impersonate your business identity.
- Prevents Legal Disputes
If a trademark lapses, rivals or third parties may apply for a similar or identical trademark, resulting in expensive legal fights.
- Protects Business Value
A registered trademark gives additional value to a business, making it even more appealing to investors and consumers. The loss of a trademark can adversely affect brand name and goodwill.
Steps for Renewing Trademarks in India
Renewing a trademark is a hassle-free process if it is done on time. To make the process go smoothly, follow these steps:
Step 1: Check Trademark Expiry Date
First, check the date of trademark registration and its expiry date. The validity of a trademark is 10 years from the registration date.
Step 2: File the Renewal Application (Form TM-R)
To renew your trademark, file Form TM-R at the Trademark Registry at least six months prior to the due date. The renewal application may be filed online via the IP India official portal.
Documents for Renewal:
- Trademark registration certificate
- Applicant information
- Power of Attorney (in case of filing through an agent)
- Renewal application form (TM-R)
- Government fees payment slip
Step 3: Payment of Trademark Renewal Fee
The fee for trademark renewal varies based on the mode of application:
| Mode of Application | Fees (Per Class) | Mode of Application |
| Online Filing (e-Filing) | ₹9,000 | Online Filing (e-Filing) |
| Physical Filing (Offline) | ₹10,000 | Physical Filing (Offline) |
Step 4: Verification by Trademark Registry
After the application and charges are made, the renewal request is verified by the Trademark Registry. The registry processes the renewal and prolongs the life of the trademark if the documents are complete.
Step 5: Trademark Renewal Confirmation
The trademark is renewed for the next 10 years after successful verification, and a certificate of renewal is issued. Safeguard this certificate as evidence of uninterrupted ownership of the trademark.
What If You Miss the Renewal Deadline?
If you miss the trademark renewal deadline, there is still a six-month grace period in which to apply for renewal with a late fee. Here’s what will happen if you procrastinate:
Within 6 Months After Expiry
- You can still renew the trademark by submitting Form TM-R with a late fee.
- Late fees are ₹4500 (in case of online applications) or ₹5000 (in case of physical applications).
After 6 Months From Date of Expiry
- The mark is struck off the registry.
- The proprietor is required to apply for restoration (Form TM-M) together with a fine fee.
- Total amount for restoration is ₹18,000 (online) or ₹20,000 (offline).
Did You Know?
Once the trademark is struck off from the registry, it can be applied for by anybody, and your brand identity can be in jeopardy!
Trademark Renewal and Trademark Restoration
| Feature | Renewal | Restoration |
| Deadline | Before expiry or within 6 months grace period | Beyond 6 months of expiry |
| Fees | ₹9,000 (Online) / ₹10,000 (Offline) | ₹18,000 (Online) / ₹20,000 (Offline) |
| Process | Simple renewal filing | Additional approval required |
| Risk | No risk of losing the trademark | Higher risk of losing rights |
Conclusion
Trademark renewal in India is important to preserve brand protection, hold market value, and avoid legal conflicts. On-time renewal makes sure that your company continues to enjoy sole trademark rights without worrying about losing ownership.
Need Help with Trademark Renewal? At Corpmate, we offer professional service in trademark renewal, filing, and legal conformity. Contact us today to have your brand continue to be secure for years ahead!