Procedure of Trademark Renewal in India

Trademark renewal is essential to keep your brand legally protected and active after its validity expires. In India, a registered trademark remains valid for 10 years and must be renewed before expiration to retain exclusive rights. Failing to renew may result in losing ownership and allow others to misuse your brand. Timely renewal safeguards your brand’s identity, reinforces legal protection, and strengthens customer trust. This article explains the complete trademark renewal process in India, including required documents, fees, and why timely renewal is crucial for your business.

What is Trademark Renewal?

Trademark renewal is the legal process of extending the protection of your registered mark, whether it is a brand name, symbol, or logo, after its initial validity expires. In India, a trademark is valid for 10 years and must be renewed to maintain your exclusive rights. Renewing your trademark not only protects your brand but also shows that your business is active and committed to its identity. It’s a smart and simple step that secures your brand’s future and builds long-term trust and recognition.

When Should You Renew Your Trademark and What Are the Fees?

To keep your trademark legally protected and active, it’s important to renew it before it expires. The ideal time to begin the renewal process is at least 6 months before the expiry date. This helps you avoid any last-minute issues or risks of losing your rights.

Trademark Renewal Fees

Trademark renewal involves a standard government fee, which depends on your mode of application. If you file online, the fee is Rs. 9,000 per class of goods or services. For offline (physical) filing at the Trademark Office, the fee is Rs. 10,000 per class. Each 'class' represents a specific category your trademark is registered under, so if your trademark covers multiple classes, the fee must be paid separately for each one.

Surcharge or Penalties

Under Section 25 of the Trademark Act, 1999, there is also a 6-month grace period after the expiration date. However, renewing during this grace period requires paying an additional fee, known as a surcharge, which is Rs. 4,500 per class for online filing and Rs. 5,000 for physical filing.

Choosing online filing is more cost-effective and convenient, as it reduces paperwork and speeds up the process. Timely renewal, along with correct fee payment, ensures your trademark stays protected for another 10 years, helping secure your brand’s identity, reputation, and long-term growth.

Modes of Trademark Renewal

There are two main modes to renew a trademark, which depend on your needs and are mentioned below:

• Renewal with Alterations: If you want to make small changes to your registered trademark, such as updating a word, symbol, or design element, you can choose this option when renewing. It helps you keep the trademark current and relevant.

• Renewal Without Alterations: If there are no changes made to the registered trademark, you can simply keep your trademark as it is.

Procedure of Trademark Renewal in India

The following details include the procedure of trademark renewal in India:

Step 1: Submitting the Renewal Application

The first and most important step is to fill and submit Form TM-R, which is the official form for trademark renewal in India. This form can be submitted either online through the IP India website or physically at the Trademark Registry Office.

You will need to provide the following basic details:

• The trademark registration number

• The current status of the trademark

• The applicant’s full name and address

• The class of goods or services the trademark belongs to

It is necessary to ensure that all the details provided in the form are accurate. Mistakes or missing information can lead to delays or even rejection.

Step 2: Examination and Review by the Trademark Office

Once the application is submitted, it is carefully reviewed by officials at the Trademark Registry. They check the following details:

• Whether the trademark is still valid or if it is within the grace period for late renewal.

• If the application follows all the renewal rules.

• Whether the trademark has been in continuous use.

If there are any errors, inconsistencies, or missing documents, the Registry will issue a notice to the applicant. This notice will point out the issues and give a time limit to fix them. Responding within the deadline is important, or else the renewal may be rejected.

Step 3: Publication in the Trademark Journal

• If everything is in correct and in order after the review, the renewed trademark will be published in the Trademark Journal. This journal is a public document issued by the Trademark Office, and it lists trademarks that are under review, approved, or renewed.

• The publication remains open for four months, during which any third party can object if they believe the renewal harms their interests or violates trademark rules. If someone files an objection, the applicant is given a chance to respond with valid explanations or evidence.

• If the situation is not resolved through documentation, the Registrar may schedule a hearing where both sides can present their arguments. This step ensures transparency and protects the rights of all businesses and individuals involved.

Step 4: Issuance of the Renewal Certificate

Once the journal publication period is over, and if there are no objections or if objections are successfully resolved, the Trademark Registry issues the Trademark Renewal Certificate. This certificate confirms that your trademark has been successfully renewed and extends the protection of your trademark for another 10 years. It also serves as legal proof of your continued ownership. This document is essential for maintaining the legal rights associated with your brand name, logo, or symbol.

Documents Required for Trademark Renewal

Here is the list of documents needed to renew a trademark:

• Certified copy of the original Trademark Registration Certificate

• Certified copy of Form TM-A that was submitted when you first registered the trademark

• Identity proof of the applicant, such as Aadhaar, PAN, Voter ID, or Passport

• Address proof of the applicant, like a utility bill

• Power of Attorney, if someone else, like a trademark agent, is applying on your behalf

Importance of Trademark Renewal

Let us discuss the importance of trademark renewal:

• Keeps Your Legal Rights Active: Renewing your trademark ensures that you can continue using it and enjoy the exclusive legal rights over your brand. It prevents others from using, copying, or misusing your name, logo, slogan, or product packaging. Without the renewal, these rights are invalid, and your trademark can be removed from the official register.

• Protects Your Brand Identity: Your trademark represents your business in the eyes of customers. It builds trust, recognition, and loyalty over time. By renewing it on time, you protect the unique identity that sets you apart from competitors. Losing a trademark could mean starting over, which can be costly and damage your brand’s image.

• Avoids Legal Trouble: If your trademark expires and someone else registers it, you may face legal challenges. You could lose your branding and have to rebrand your entire business. Renewing your trademark helps in avoiding such risks and gives you legal strength to take action if someone tries to infringe on your rights.  

• Saves Time and Money: Renewing a trademark is far simpler and less expensive than applying for a new one. If you let your registration expire, the process of restoring or reapplying can be very time-consuming and costly. You may even lose valuable business during the time it takes to resolve the issue. 

• Supports Business Growth: A valid trademark adds value to your business, especially if you are looking to expand, license your brand, or attract investors. A renewed and active trademark shows that your brand is well-managed, protected, and trustworthy. It is also considered an asset when selling or franchising a business.

• Ensures Continuous Protection: Trademark renewal extends your protection for another 10 years, and there is no limit to how many times it can be renewed. This means you can keep your brand secure for as long as your business is active.

Key Penalties for Not Renewing Your Trademark

Here are some key penalties for not renewing your trademark:

• Loss of Legal Protection

Once the trademark is removed, you no longer have the exclusive right to use it. This means others can use, copy, or even register your brand name, logo, or symbol.

• Risk of Imitation or Brand Misuse

Without a valid trademark, competitors can misuse your brand name, which may confuse customers and damage your brand reputation. You won’t have a strong legal base to stop them.

• Loss of Business Value

A trademark adds value to your business. If you lose it, your brand’s market position and trust can decline, especially if your trademark is known or well-established.

• Re-Registration Process is Costly and Time-Consuming

If your trademark is removed, you may need to start from scratch. This includes a new application, examination, and objection process, which takes time and adds to your legal costs.

• Possible Objection from Other Parties

When your old trademark lapses, someone else can file a similar one. If you try to re-register it later, you may face objections or opposition, especially if the new applicant is already using it.

Trademark renewal is not just a legal step, but a smart move that protects your brand. By renewing your trademark on time, you secure your identity, maintain trust with customers, and stay one step ahead of misuse or legal trouble. Make sure not to let your rights expire, so renew, protect, and let your brand grow with confidence and credibility. This article has provided complete information on the procedure of trademark renewal in India. Contact Online Legal India to get assistance in filing a trademark renewal from professional experts.