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30 Aug, 2025
By Online Legal India
Published On 17 May 2022
Updated On 17 Jun 2025
Category Trademark
In India, the validity of a registered trademark lasts for ten years from the date the application is filed. To maintain exclusive rights over your brand identity, timely renewal is essential. This process involves submission of the appropriate forms, the requisite fee payment, and ensuring compliance with legal requirements.
Failure to renew can lead to the removal of your trademark from the register, potentially allowing others to use your brand name or logo. Understanding the steps, associated costs, and the significance of renewal is crucial for every business owner to safeguard their intellectual property.
A trademark is a distinctive symbol, word, phrase, logo, or combination used to identify and distinguish the goods or services of one entity from those of others. It serves as a unique identifier, which enables consumers to recognize and associate products or services with a specific source. In India, the legal framework governing trademarks is the Trade Marks Act, 1999. This is for the registration and protection of trademarks to prevent unauthorized use and ensure fair competition in the marketplace.
Registered trademarks grant their owners exclusive rights to use the mark about the goods or services for which it is registered. This legal safeguard protects the brand’s identity, preserves its reputation, and maintains consumer confidence. The registration process involves submission of an application to the Controller General of Patents, Designs & Trade Marks, a government agency under the Ministry of Commerce and Industry.
It's important to note that while a trademark provides exclusive rights, these rights are territorial. Therefore, protection is granted within the jurisdiction where the trademark is registered. In India, the rights conferred by a registered trademark are enforceable within the country. The owner can take legal action against infringement within this territory.
Understanding the significance of trademarks and the process of registration is crucial for businesses aiming to establish and protect their brand identity in the competitive market.
Under Section 25 of the Trade Marks Act, 1999, a registered trademark in India is valid for ten years from the date of registration. To keep the trademark legally protected, it needs to be renewed at regular intervals. The renewal process involves submission of an application in Form TM-R along with the prescribed fee to the trademark registrar. This application should be filed within one year before the expiration of the registration.
If the renewal application is not filed within the stipulated time, the Registrar will send a notice to the registered proprietor informing them of the impending expiration. The proprietor then has a grace period of six months after the expiration date to file the renewal application along with a surcharge. Failure to renew within this grace period may result in the removal of the trademark from the register.
If a trademark is removed for non-renewal, the owner can request its restoration within one year from the date it expired. This involves submission of Form TM-R along with the prescribed restoration fee and providing a valid reason for the delay. The Registrar may restore the trademark if satisfied with the explanation provided.
Timely renewal of a trademark ensures continued legal protection and exclusive rights over the brand identity. It helps prevent unauthorized use by others and maintains the trademark's value as an intellectual property asset. Neglecting to renew can lead to loss of rights and potential legal complications.
In India, a trademark is valid for 10 years from the date of registration. To ensure it remains active, timely renewal is required.
You can apply to renew your trademark up to 1 year before it expires. However, it is important to file the renewal application at least 6 months before the expiration date to avoid any risk of cancellation.
If you miss the renewal deadline and the trademark expires, you still have a chance to renew it. The law allows a grace period of 6 months after expiry, but you must pay an additional late fee along with the government renewal fee.
If the trademark is not renewed within 6 months after it expires, the registration is removed from the Trademark Register. This means you lose all legal rights over the trademark.
Even after cancellation, the trademark can be restored. You need to apply for restoration within 6 months from the date of removal, along with the required fees and a valid reason for the delay.
Here is a list of documents required for Trademark Renewal in India as per the Trade Marks Act, 1999:
1. Trademark Registration Certificate
A copy of the original Trademark Registration Certificate is needed to verify the details of the registered mark.
2. Power of Attorney (Form TM-48)
If a trademark agent or attorney is filing the renewal on your behalf, you must submit a signed Power of Attorney in Form TM-48 authorizing them.
3. Form TM-R (Renewal Application Form)
This is the official application form for trademark renewal. It includes information like trademark number, class, and details of the registered proprietor.
4. Identity & Address Proof of the Proprietor/Applicant
For companies:
5. Proof of Use (If applicable, optional)
Though not mandatory, submitting proof of the trademark in active commercial use may help in cases of objections or re-examination.
6. Copy of Trademark Logo (Optional)
Not mandatory, but attaching a clear image of the trademark can help with identification, especially for word + device marks.
Important Notes:
Trademark renewal must be filed within 1 year before or up to 6 months after expiry (with a late fee).
The renewal is valid for 10 years from the existing expiry date.
Trademark Renewal in India helps you keep your legal rights for another 10 years. Here is a step-by-step guide to the online renewal process:
Step 1: File the Renewal Application (Form TM-R)
The first step of the trademark renewal process in India is to fill out and submit Form TM-R online through the official IP India website. This application must include important details such as the registration number of the trademark, the current status of the trademark, and the name and contact information of the applicant.
It is essential to file this form before the trademark expires. However, if the deadline is missed, the form can still be submitted within a 6-month grace period, but with the payment of an additional late fee.
Step 2: Examination by the Trademark Registry
Once the renewal form is submitted, the Trademark Office reviews the application to ensure that it was filed within the valid time frame and that all required information and supporting documents have been provided correctly.
If any errors, missing details, or discrepancies are found during the examination, the Registry will issue a notice to the applicant. The applicant needs to address these issues and submit the necessary corrections or clarifications within the specified deadline to avoid delays or rejection of the renewal request.
Step 3: Publication in Trademark Journal
If someone files an objection during the publication period in the Trademark Journal, the applicant is required to respond to the objection with a valid explanation or supportive documents. If the issue is not resolved through written communication, the Trademark Registry may schedule a hearing to allow both parties to present their arguments. The final decision on whether to proceed with the renewal will be made after considering all responses and evidence.
Step 4: Issuance of Renewal Certificate
If no objections are raised or after any disputes are resolved, the Registrar of Trademarks will issue the Trademark Renewal Certificate. This certificate confirms that your trademark is now valid for another 10 years.
Trademark renewal in India offers several key advantages that help you protect your brand and its value. Below are some key benefits:
Renewing your trademark ensures uninterrupted protection under the Trade Marks Act, 1999, allowing you to enforce your rights against misuse.
A renewed trademark serves as strong legal proof of ownership, enabling you to take legal action and claim damages against unauthorized use.
With a valid renewal, your trademark becomes a transferable asset, useful if you plan to sell or restructure your business or brand.
A renewed trademark can be licensed to others for a fee, creating a new revenue stream and increasing your brand’s commercial value.
Renewal ensures that your brand’s name, logo, or slogan remains exclusively yours, safeguarding its distinct identity in the marketplace.
Trademark renewal is essential to maintain the exclusive rights and legal protection of your brand. By renewing your trademark on time, you safeguard your ownership, prevent misuse, and enhance your brand’s commercial value. It ensures your identity remains secure in a competitive market, supporting long-term business growth and recognition. Contact Online Legal India to get trademark renewal process easy. They have experts to file it flawlessly to get faster approval.
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