Trademark Renewal Online in India

Trademark renewal is the legal process of extending the protection of your registered trademark beyond its initial 10-year validity period in India. This crucial step ensures your brand name, logo, or symbol remains exclusively yours, preventing others from using similar marks that could confuse consumers.

Failing to renew on time has serious consequences. Your trademark can be removed from the official register, leaving the brand identity you've worked hard to build unprotected and vulnerable to misuse or infringement. For any business, from a startup to an established company, timely renewal is essential for securing your market position and maintaining customer trust.

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 done before expiry, there is a 6-month grace period during which you can still renew the trademark by paying a late fee.
• 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 and justification.
• No Automatic Reminders from Registry: Trademark holders are responsible for tracking renewal deadlines; the Trademark Registry does not guarantee reminders.
• Recommended: Start Process Early: It’s advisable to start the renewal process 3–6 months in advance to avoid delays or the risk of losing protection.

What is the Need for Renewal of a Trademark?

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

Trademarks have a limited validity (usually 10 years); failure to renew can lead to automatic cancellation.

3. Preserve Brand Identity

Trademark renewal safeguards your brand’s reputation, identity, and consumer recognition in the market.

4. Avoid Infringement Risks

Without renewal, others may legally register or use a similar mark, potentially harming your business.

5. Support Business Value

An active trademark is a valuable asset; maintaining it enhances brand equity and attractiveness to investors or partners.

6. Ensure International Protection

If you’ve extended protection internationally (e.g., via the Madrid Protocol), domestic renewal is often required to uphold those rights.

Only two parties are eligible to file for trademark renewal:

• The Proprietor of the Registered Trademark: This is the primary and most direct eligible party. The individual, company, or entity in whose name the trademark is officially registered with the Trademark Registry.
• An Authorized Representative or Agent: The registered proprietor can appoint an authorized representative, such as a trademark agent, attorney, or legal firm, to file the renewal application on their behalf. In such cases, a Power of Attorney (PoA) is required from the proprietor authorizing the representative to act for them.

Key Points Regarding Eligibility and Renewal

Understanding these crucial aspects will help ensure a smooth trademark renewal process:

• 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.
• Lapsed Trademarks Can Be Renewed/Restored: Even if a trademark has expired, the original proprietor (or their authorized agent) has a specific timeframe to act:
  • Renewal with Surcharge: Possible within six months after the expiry date.
  • Restoration: Possible between six months and one year after the expiry date, but this incurs a higher fee and typically requires an additional application (Form TM-R).
  • Beyond one year from the expiry date: the trademark generally cannot be restored and would require a fresh application for registration.
• Registrar's Notice: The Registrar of Trademarks is mandated to issue a notice (Form O-3) to the registered proprietor regarding the impending expiry, usually six months before the due date. This serves as a reminder; however, the ultimate responsibility for timely renewal rests with the trademark proprietor.

Having the right documents ready ensures a swift trademark renewal process.

• Trademark Registration Certificate Copy: A copy of your original trademark registration certificate.
• Applicant/Proprietor Details: Full name, address, and contact information of the trademark owner.
• Trademark Number: The specific registration number of the trademark to be renewed.
• Proof of Identity and Address: For individuals, a copy of Aadhaar card/PAN card; for companies, a Certificate of Incorporation.
• Details of Authorized Agent (if applicable): If an agent is filing, their name and registration number.
• New Representation of the Mark: If the visual representation of the trademark is being altered, the new representation must be submitted.

Renewing your trademark online is a streamlined process that ensures efficiency and saves time. Here’s a step-by-step guide on the trademark renewal procedure:

1. Preparation of Form TM-R: The primary form for renewal is Form TM-R. This form specifies whether you're renewing the trademark without any changes, with changes (like an alteration of the mark), or restoring a removed trademark. This is the official trademark renewal application.
2. Verification of Details: Before you proceed with trademark renewal online, ensure all details on the form, including the trademark number, proprietor's details, and agent's information (if applicable), are accurate and up-to-date.
3. Payment of Fees: Pay the prescribed government fees for renewal. These trademark renewal fees vary for online and offline submissions.
4. Online Filing: The application, along with supporting documents and a fee receipt, is filed electronically through the official Indian Trademark Registry portal (ipindia.gov.in).
5. Acknowledgement: Upon successful submission, you will receive an electronic acknowledgement, including a filing number. Keep this number safe for tracking your trademark renewal status.
6. Examination (Optional): While most straightforward renewals are processed quickly, the Registrar may sometimes examine the application, especially if there are any changes or complexities.
7. Publication (Optional): In rare cases, if there are significant changes to the trademark during renewal, it might be published in the Trademark Journal.
8. Renewal Certificate: Once approved, the Registrar will issue the Trademark Renewal Certificate, confirming the extension of your trademark's protection for another 10 years.

What Happens if an Objection is Raised During Renewal?

Though rare for straightforward renewals, objections can occur if:

• There's a significant change in the trademark that impacts its distinctiveness.
• The trademark renewal application is incomplete or contains discrepancies.
• Another party raises an objection based on a valid ground (e.g., claiming the mark has become generic).

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

Understanding the costs involved is crucial for online trademark renewal in India.

Government Fees for Online and Offline Renewal

The government fees are set by the Trademark Registry. These are the direct trademark renewal fees you pay to the government.

Important Notes:

• Per Class: All fees mentioned in the table are per class. If your trademark covers, for example, 3 classes, you would multiply the respective fee by 3.
• Form TM-R: The renewal application is made using Form TM-R.
• Professional Fees Excluded: The fees listed above are only the official government fees. They do not include any professional fees charged by trademark agents, attorneys, or legal consultants who assist with the renewal process. These professional fees will be an additional cost.
• MSME/Startup Discount (Not applicable for Renewal Fees): While MSMEs and Startups get a 50% discount on new application filing fees, this specific discount generally does not apply to trademark renewal fees. Renewal fees are standard across most applicant types for existing registrations.
• Verification: While this information is based on current official guidelines, it's always advisable to verify the latest fees on the official website of the Intellectual Property India (IPO) (ipindia.gov.in) or consult a qualified trademark attorney, as government fees are subject to change.

Surcharge Fees for Late Renewal

In India, missing the initial deadline for trademark renewal incurs surcharges and, if the delay is longer, requires an additional restoration fee. These extra charges are designed to incentivize timely renewal and cover the administrative costs associated with processing late applications.

Here's a breakdown of the surcharges for late renewal, which are in addition to the standard renewal fee:

1. Renewal within the Grace Period (Up to 6 months after expiry):

• • If you file your renewal application within six months after the trademark's expiry date, you will pay the normal renewal fee plus a surcharge.
  • Surcharge Amount (E-filing): Rs. 4,500 per class.
  • Surcharge Amount (Physical Filing): Rs. 5,000 per class.

2. Restoration and Renewal (Between 6 months and 1 year after expiry):

• • If the trademark has been removed from the register due to non-renewal (i.e., after the 6-month grace period has passed), you can still apply for its restoration and renewal. This window is available for a period of up to one year from the original expiry date.
  • In this case, you will pay the normal renewal fee plus a restoration fee.
  • Restoration Fee Amount (E-filing): Rs. 9,000 per class
  • Restoration Fee Amount (Physical Filing): Rs. 10,000 per class

Important Considerations

• No Discount: The 50% discount available for MSMEs and Startups on initial trademark application fees does not apply to these renewal surcharges or restoration fees.
• Per Class: All surcharges and restoration fees are calculated per class of goods or services.
• Lapse: If the trademark is not renewed even within the one-year restoration period, it will be permanently removed from the register, and you would then have to file a completely new trademark application if you wish to re-register the mark, which is a more complex and potentially risky process.
• Registrar's Discretion for Restoration: While there's a set fee for restoration, the Registrar has the discretion to consider the reasons for the delay when granting restoration. It is generally advised to provide a genuine reason for the non-renewal in the restoration application (Form TM-R).

It is always most cost-effective and least complicated to renew your trademark within the initial one-year period before its expiry. The Intellectual Property India (IPO) sends a 0-3 notice as a reminder about the impending renewal, usually six months before the expiry date, but the responsibility for timely renewal ultimately rests with the trademark proprietor.

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

• Visit the IP India Website: Go to the official website of the Controller General of Patents, Designs & Trade Marks: https://ipindia.gov.in.
• Access the Trademark Section: On the homepage, click on the "Trademarks" tab and then choose "Related Links" > "Trademark Application/Registered Mark".
• 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 your official proof that your brand's legal protection has been extended. It is a vital document for enforcing your rights, proving ownership in legal disputes, and for company records. You should download and store it securely.

The Trademark Renewal Certificate includes the following key details:

• Verify the applicant or business name listed on the certificate.
• Check the trademark registration number and class of goods/services.
• Confirm the date of renewal and the next renewal due date.
• Note the mark description or logo that has been renewed.
• Ensure the Registrar of Trademarks and the jurisdiction office are mentioned.
• It also carries the official seal and digital signature of the Trademark Office.

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. Navigate to the Trademark section: Select "Trademarks" from the top menu, then click on “Public Search” or “Related Links.”
3. Login or use Public Search: Use your trademark application number, registration number, or proprietor name.
4. Access your trademark record: Once your trademark appears, check for the renewal status and available certificate.
5. Download the certificate: Click on the document link to view or download your Trademark Renewal Certificate in PDF format.

Understanding these specific situations can help you react appropriately if you miss a deadline or face an issue regarding your trademark renewal period.

1. Renewing a Trademark After the Expiry Date: The Grace Period

If you miss the one-year window before expiry, don't worry. The law provides a grace period of six months immediately following the expiry date. You can still file for trademark renewal during this grace period by paying the prescribed renewal fee along with an additional surcharge.

2. Restoring a Trademark That Has Been Removed from the Register

If you miss both the initial renewal window and the six-month grace period, your trademark will be removed from the Register. However, there's still a chance for restoration:

• Application for Restoration: You can apply for the restoration of a removed trademark within one year from the date of its removal.
• Form TM-R: You must file Form TM-R, specifically for restoration, along with the prescribed trademark renewal fees and a higher restoration surcharge.
• Justification: You'll typically need to provide a valid reason or explanation to the Registrar for the delay in renewal.
• Discretion of Registrar: The Registrar has the discretion to allow or refuse the restoration application.