Trademark Renewal in India

Trademark renewal in India is the legal process of extending the validity of a registered trademark for an additional 10 years. Under the Trade Marks Act, 1999, a trademark, once registered, is valid for 10 years and must be renewed every decade to keep the protection active, making it a recurring process.

You can renew the trademark even after expiry within a six-month grace period by paying an additional surcharge (₹4,500 per class for e-filing or ₹5,000 per class for physical filing). A mark renewed within this grace/restoration window is treated as continuously protected from the original expiry date. However, if you fail to renew within this period, the mark is removed from the Register of Trademarks.

Even so, the owner can still apply for restoration within one year from the date of expiry. After this period, the trademark generally cannot be revived, and the rights over the mark may be lost.

The renewal process involves filing Form TM-R with the Registrar of Trademarks. Once the application is accepted and the fee is paid, the trademark is renewed for another 10 years, and the updated status is reflected in the IP India records.

When Can a Trademark Registration in India be Renewed?

You can initiate the trademark renewal process up to one year before its expiry date.

• Renewal Window Begins 1 Year Before Expiry: You can apply for renewal up to 12 months before the expiry of the trademark's 10-year validity period.
• Grace Period of 6 Months After Expiry: If the renewal is not completed before expiry, a 6-month grace period is available. During this period, the trademark can still be renewed by paying a prescribed late fee (₹4,500 per class for e-filing or ₹5,000 per class for physical filing).
• After Grace Period: Restoration Required: If the renewal is not completed within the grace period, you must apply for restoration along with renewal. This process involves additional fees (approximately ₹9,000 per class for e-filing, along with the applicable renewal fee and surcharge) and may require justification for the delay.
• No Automatic Reminders from Registry: Trademark holders are responsible for tracking renewal deadlines; the Trademark Registry does not guarantee reminders.

Recommended: It is advisable to begin the renewal process 3–6 months before expiry. This helps avoid last-minute delays, additional costs, and the risk of losing trademark protection.

Importance of Trademark Renewal in India

To understand why trademark renewal is necessary, it is important to look at the legal protection, business value, and risk prevention it provides over time:

1. Maintain Legal Protection: Renewing your trademark ensures continued exclusive rights to use the mark and protects it from unauthorized use.
2. Prevent Trademark Expiry: A trademark has a validity of 10 years. If it is not renewed within the prescribed period and grace window, it is removed from the Register of Trademarks. This results in the loss of statutory protection and ownership rights.
3. Preserve Brand Identity: Trademark renewal helps maintain your brand’s identity, reputation, and consumer recognition in the market. It ensures that your brand remains clearly distinguishable from competitors.
4. Avoid Infringement Risks: If a trademark is not renewed, other businesses may apply for or use a similar mark. This can lead to confusion in the marketplace and increase the risk of legal disputes.
5. Support Business Value: An active trademark is an intellectual property asset. Maintaining it helps preserve brand equity and strengthens business valuation for investors, partnerships, and long-term growth.
6. Ensure International Protection: If your trademark is registered under systems like the Madrid Protocol, its continued validity depends on the underlying national registration. Therefore, maintaining renewal in India helps support related international trademark protection for your brand.

Trademark renewal can be filed by authorized parties connected to the registered trademark. The application must be submitted by the rightful owner or their authorized representative under the Trade Marks Act, 1999, including:

1. The Proprietor of the Registered Trademark: The registered owner (individual, company, or entity) can directly file the renewal application.
2. An Authorized Representative or Agent: The proprietor can appoint a trademark agent, attorney, or legal firm to file the renewal. A Power of Attorney is generally required.
3. Assignee or Legal Successor (if applicable): If the trademark has been legally transferred, the assignee can file a renewal, provided the assignment is recorded with the Trademark Registry or is in process.
4. Legal Heirs (In Case of Death of Proprietor): If the registered owner has passed away, the legal heirs can file for renewal. However, they must first establish their legal right over the trademark through appropriate succession documents or get the ownership formally transferred in their name.

Key Points Regarding Eligibility and Renewal

• No Proof of Use Required: In India, unlike some other jurisdictions, you are generally not required to submit proof of continued use of the trademark to renew it within the statutory period. Renewal is considered an inherent right of the registered proprietor.
• No Changes to the Mark: While minor alterations may sometimes be permissible during renewal, the core identity of the trademark must remain unchanged. Any significant modifications typically necessitate filing a fresh trademark application.

Having the right documents ready ensures a swift trademark renewal process. The list generally includes:

• Trademark Registration Certificate Copy: A copy of your original trademark registration certificate is required for verification.
• Applicant/Proprietor Details: Basic details of the trademark owner, including name, address, and contact information, are required.
• Trademark Number: The unique registration number of the trademark must be provided for processing the renewal application.
• Proof of Identity and Address: Identity or business documents such as Aadhaar, PAN, or Certificate of Incorporation (CoI) may be required for verification purposes.
• Details of Authorized Agent (if applicable): If an agent or attorney is filing the renewal, their details, along with a valid authorization or Power of Attorney, may be required.
• New Representation of the Mark: If the visual representation of the trademark is being altered, the new representation must be submitted.

Trademark renewal in India is completed online through the official IP India portal. Here’s a step-by-step guide on the trademark renewal procedure:

1. Preparation of Form TM-R: The renewal process begins with filing Form TM-R. This form includes correct trademark details and owner information. All details, such as the trademark number, proprietor information, and agent details (if applicable), must be verified before submission. Any errors may delay the renewal process.
2. Payment of Fees: The prescribed government fee must be paid for each trademark class. The fee is ₹9,000 per class for e-filing and ₹10,000 per class for physical filing, as per the rules of the Trademark Registry.
3. Online Filing: The completed TM-R form, along with required details, is filed electronically on the official IP India portal (ipindia.gov.in).
4. Acknowledgement: After successful submission, the system generates an acknowledgement with a filing number. This number is used to track the status of the renewal application.
5. Examination (Optional): While most straightforward renewals are processed quickly, the Registrar may sometimes examine the application, especially if there are any changes or complexities.
6. Publication (Optional): In rare cases, if there are significant changes to the trademark during renewal, it might be published in the Trademark Journal.
7. Approval and Renewal Update: Once the application is processed and accepted, the Trademark Registry updates the records. The trademark is then renewed for another 10 years, and the updated status is reflected in the registry database.
8. Concessional Fee for Startup India and MSMEs: If the brand has Startup India registration or MSME registration, it is eligible for a reduced trademark fee. In such cases, the fee is ₹4,500 per class for e-filing and ₹5,000 per class for physical filing, instead of the standard ₹9,000–₹10,000 applicable to companies.

Trademark renewal usually takes 3–10 working days to process, depending on application accuracy and Registry workload.

What Happens if an Objection is Raised During Renewal?

Though rare for straightforward renewals, trademark objections can occur if:

1. If the application is incomplete or contains incorrect details, the Registry may ask for corrections or additional information.
2. If any significant changes are made to the trademark during renewal, the Registry may seek clarification to ensure the mark’s identity remains consistent.

If an objection is raised, you will receive an official communication from the Trademark Registry.

Trademark renewal fees in India range from ₹9,000 to ₹20,000 per class, depending on the timing and mode of filing as prescribed by the Trademark Registry.

The fee structure varies based on the timing and mode of filing, as shown below:

Government Fees for Trademark Renewal

Important Notes:

• The fees mentioned are charged per class of trademark registration.
• The renewal application is filed using Form TM-R.
• Professional fees charged by agents or attorneys are additional and vary based on the service provider.
• MSME or Startup India benefits generally do not apply to trademark renewal fees.

If the renewal deadline is missed, a surcharge of ₹4,500 per class to ₹10,000 per class, along with the renewal fee. Even after removal, the trademark is treated as remaining on the register for one year when assessing conflicting applications. After the restoration period, a fresh application is required.

You can easily check the trademark renewal status of your application on the official website of the Indian Trademark Registry.

• Visit the IP India Website: Go to the official website of the Controller General of Patents, Designs & Trade Marks: ipindia.gov.in.
• Access the Trademark Section: On the homepage, click on the “trademark public search” or status check option available under the Trademarks section of the portal.
• Enter Application Details: In the search window, enter your Trademark Application Number in the appropriate field. You can also use other search filters such as class, proprietor name, or mark.
• View the Application Status: Click "View" or "Show Details" to see the full status history of your trademark, including whether the renewal has been filed or processed.
• Look for Renewal or Expiry Info: Under the application details, look for terms like "Renewed," "Pending Renewal," or "Expired" to understand the current status.
• Download the Status Report (Optional): You can take a screenshot or download the status page as a PDF for your records.

The Trademark Renewal Certificate is an official document issued by the Trademark Registry as proof that the validity of a registered trademark has been extended. It confirms continued protection of the mark under the Trade Marks Act, 1999.

The Trademark Renewal Certificate typically includes the following details:

• Trademark registration number and class of goods or services
• Name of the registered proprietor or business entity
• Date of renewal and updated validity period
• Description of the registered trademark or logo
• Details of the Trademark Registry office
• Official seal and digital signature of the Registrar

This certificate is used as legal evidence of trademark ownership and renewal in business records and disputes.

How to Download a Trademark Renewal Certificate?

To download your Trademark Renewal Certificate in India, follow these steps:

1. Visit the IP India official website: Go to ipindia.gov.in
2. Access Trademark Portal: Open the trademark services section and go to the relevant search or login area for registered trademarks.
3. Search Your Trademark Record: Enter your trademark application number, registration number, or proprietor details to locate your trademark record.
4. Check Renewal Details: Open the trademark record to verify whether the renewal has been processed and the certificate is available.
5. Download Certificate: If available, you can download the Trademark Renewal Certificate in PDF format for official use and records.