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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.
Trademark renewal is the legal process of extending the protection of your registered trademark, whether it’s 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.
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 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.
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.
There are two main modes to renew a trademark, which depend on your needs and are mentioned below:
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:
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:
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
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.
Here is the list of documents needed to renew a trademark:
Let us discuss the importance of trademark renewal:
Here are some key penalties for not renewing your trademark:
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.
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.
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.
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.
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.