+91 9718546405
30k+ Happy Customers
Overview of Trademark Renewal
Business success depends on a strong brand identity, and your trademark plays a key role in protecting it. However, registering a trademark is not a one-time task; it needs regular renewal to remain valid. A trademark helps you strengthen your presence in a market flooded with fake brands. Many people don’t realise that renewing your trademark helps your brand stay legally protected and prevents your competitors from copying or misusing it.
A well-maintained and renewed trademark protects your legal right against any infringement and adds credibility to your business. If you don’t renew your trademark on time, doors of trouble will be open for you. It can tarnish the image of your brand in the eyes of customers, and if you don’t renew it after a grace period, your registered trademark can be granted to somebody else. Therefore, it is important to understand the renewal of trademark in India.
What is a Trademark?
A trademark is a unique sign, symbol, logo, phrase, or word that represents a business's goods or services. It helps customers identify a brand and differentiate it from competitors. Trademarks also provide legal protection against unauthorized use by others.
In India, trademarks are governed by the Trademarks Act, 1999, and administered by the Controller General of Patents, Designs, and Trade Marks (CGPDTM) under the Ministry of Commerce and Industry.
A registered trademark grants the owner:
- ✔ Exclusive Rights: Only the owner has the right to use the mark.
- ✔ Brand Protection: Prevents competitors from copying the brand identity.
- ✔ Legal Action Against Infringement: Enables the owner to sue unauthorised users.
- ✔ Market Recognition: Builds trust and consumer loyalty.
What is Trademark Renewal?
A trademark does not last forever. Once registered, it is valid for 10 years from the date of registration. To continue enjoying its benefits, the owner must renew it before the expiry date.
- Extends the validity of the trademark for another 10 years.
- Ensures the brand remains protected from unauthorised use.
- Prevents cancellation or removal from the Trademark Register.
- If a trademark is not renewed on time, it can be legally removed, which allows others to register it.
Importance of Trademark Renewal
The trademark renewal is essential due to the following reasons:
- Trademark as an Intangible Asset
A registered and well-maintained trademark adds value to a business. It is considered an intellectual property asset that can be licensed, franchised, or even sold at a premium price. Many companies use trademarks as collateral for loans or during mergers and acquisitions.
- Legal Protection
A registered trademark provides exclusive rights to the owner, which prevents others from using a similar mark. Renewal of the trademark ensures that the exclusive rights of the trademark remain intact, which allows the owner to legally enforce their trademark against infringement, counterfeiting, or misuse. If a trademark expires, the owner loses all the legal rights of protection against unlawful use.
- Market Presence
A brand’s logo, name, or slogan plays an important role in building customer trust. If a trademark is not renewed, it may be removed from the registry, and competitors can register a similar or identical mark. This can create confusion among customers about the brand's logo and severely impact the brand's reputation and business performance.
- Protection Against Competitors
Renewing a trademark keeps it legally valid and enforceable. A valid trademark allows businesses to take legal action against competitors who attempt to copy their branding. The trademark owner can file a suit for infringement and claim damages against the unlawful use.
- Avoid Additional Legal and Financial Costs
Late renewal or failure to renew a trademark can result in penalties, additional fees, and restoration procedures. If a trademark is removed from the registry, the business must apply for restoration, which is costlier than simple renewal. Suppose restoration is not done within the allowed timeframe. In that case, the trademark owner may have to go through the entire fresh registration process, which is time-consuming and heavy on the pocket.
- Legal Authority to Enforce Rights
An active and renewed trademark allows the owner to:
- File oppositions against new similar trademarks.
- Take legal action against counterfeiters or unauthorised users.
- Prevent domain name squatting, where competitors register a website using a similar name.
- Business Growth
A strong brand helps businesses attract and retain customers. Renewing a trademark ensures that the brand identity remains intact, enabling companies to continue their marketing, sales, and growth strategies without disruption. Losing a trademark can confuse existing customers and potentially drive them toward competitors.
Law for Trademark Renewal in India
Trademark renewal in India is governed by the Trademarks Act, 1999, with specific provisions under the law ensuring smooth renewal and protection:
- Section 25(1): A trademark is registered for 10 years and can be renewed indefinitely after every 10 years.
- Section 25(3): If a trademark is not renewed, the Registrar may remove it from the register after a prescribed grace period.
Essential Conditions for Trademark Renewal
To successfully renew a trademark, the following conditions must be met:
- Renewal must be done within six months before expiry.
- A valid renewal application (Form TM-R) must be filed.
- If renewal is missed, a six-month grace period is available with an additional fee.
- Failure to renew even during the grace period leads to trademark removal.
- Restoration of a removed trademark is possible within one year by filing Form TM-M.
Documents Required for Trademark Renewal in India
Renewing a registered trademark in India, as per the Trade Marks Act, 1999, requires submitting specific forms and documents to the Indian Intellectual Property Office (IPO). These ensure the continued validity and legal protection of your brand. Below is a list of the essential documents and forms needed for the trademark renewal process. All submissions are typically done online via the IP India Portal.
Essential Forms
- Form TM-R: This is the primary application form for the renewal of a registered trademark for each class of goods or services it covers.
- Form TM-M (if applicable): This form is required if you are seeking to restore a trademark that has been removed from the register due to a missed renewal deadline.
- Form TM-18 (if required): This is an affidavit that may be requested by the Registrar to support a statement of your case, particularly in situations involving delays or objections.
Supporting Documents
- Trademark Registration Certificate: A copy of your original Trademark Registration Certificate serves as proof of your existing trademark ownership.
- Identity & Address Proof of Applicant: This is required for the individual owner, partners (in case of a partnership firm), directors (in case of a company), or the authorized agent filing the renewal. Acceptable documents include a PAN card, Aadhaar card, passport, recent utility bill, or bank statement.
- Power of Attorney (if applicable): If the renewal application is being filed through a trademark agent or attorney, a duly signed Power of Attorney authorizing them to act on your behalf is necessary.
- Proof of Business Use (if needed): While not always mandatory for renewal, providing evidence of the trademark's continued use in commerce can be beneficial, especially if there are potential objections or to reinforce your claim to the mark. This could include invoices, advertisements, or marketing materials.
- Government Fee Payment Receipt: A copy of the receipt confirming the payment of the applicable trademark renewal fee is essential.
Trademark Renewal Forms, Purpose, and Fees
The specific form you need to file and the associated government fees vary depending on whether you are filing for a regular renewal, a late renewal with a surcharge, or a restoration and renewal of a removed trademark. Here's a breakdown:
| Form | Purpose | Cost of Physical Filing | Cost of E-Filing |
|---|---|---|---|
| TM-R | Application for renewal of a registered trademark for each class under Section 25 | ₹10,000 | ₹9,000 |
| TM-R (With Surcharge) | Application for renewal with a surcharge under Section 25(3) (filed within the grace period) | ₹5,000 + Renewal Fee | ₹4,500 + Renewal Fee |
| TM-R (With Restoration) | Submission for trademark renewal with an additional fee for restoring and renewing a trademark under Sections 25(3) & 25(4) (filed within one year of removal) | ₹10,000 + Renewal Fee | ₹9,000 + Renewal Fee |
| TM-M | Application for restoration of a removed trademark (filed within one year of removal) | ₹10,000 | ₹9,000 |
| TM-18 | Affidavit supporting the statement of the case (if applicable) | Not Applicable | Not Applicable |
Ensure you have the correct forms and supporting documents prepared as per your specific situation to facilitate a smooth and successful trademark renewal process in India. Filing online through the IP India Portal often offers a reduced fee.
Online Procedure for Trademark Renewal in India
Renewing your trademark in India is crucial for maintaining your brand's legal protection and exclusive rights. Trademarks registered under the Trade Marks Act, 1999, are valid for 10 years and can be renewed for another 10-year period. The renewal process can be done online, offering convenience and efficiency. There are primarily two ways to renew a trademark: with modifications or without modifications. This guide outlines the step-by-step online procedure for trademark renewal in India.
-
Step 1: Check Trademark Expiry Date
Trademarks in India have a validity of 10 years from the date of registration. It is essential to keep track of this expiry date. The renewal application should be filed at least six months before the trademark expires. You can find the expiry date on:
- The Trademark Registration Certificate.
- The IP India Online Database by searching your trademark status.
If you miss the renewal deadline, a six-month grace period is available, but it involves paying an additional surcharge.
-
Step 2: File Trademark Renewal Application (Form TM-R)
The renewal process starts with filing the Trademark Renewal Application, which is Form TM-R, with the Trademark Registry. This can be done online through the IP India Portal (https://ipindia.gov.in). The government filing fee for renewal is:
- ₹9,000 for e-filing.
- ₹10,000 for physical filing.
The online application will require you to provide the following details:
- Trademark registration number.
- The class(es) under which the trademark is registered.
- Name and address of the trademark owner.
- Details of the trademark agent or attorney (if applicable).
- A copy of the previous Trademark Registration Certificate.
-
Step 3: Examination of Renewal Application
Once you submit Form TM-R online and pay the necessary fee, the Trademark Registrar will examine your application to ensure all details are correct and complete. If the application is in order, the renewal process will proceed. If any discrepancies or missing information are found, the Registrar may issue an objection notice, requiring you to provide clarifications or additional documents. It's crucial to respond to any objections promptly and accurately.
-
Step 4: Publication in the Trademark Journal
Upon approval of your renewal application by the Registrar, the renewed trademark will be published in the Trademark Journal. This publication serves as public notice, informing third parties that your trademark's validity has been extended. If no opposition is raised by any third party within the stipulated time frame after publication, the renewal process will be finalized.
-
Step 5: Issuance of Trademark Renewal Certificate
After the renewal process is successfully completed, the Trademark Registry will issue a Trademark Renewal Certificate. This certificate serves as official confirmation that your trademark's registration has been renewed for another 10-year period. You can usually download this certificate from the IP India Portal.
-
Step 6: Monitoring and Continued Protection
After successfully renewing your trademark, it is essential to continue monitoring the market for any potential infringements. Additionally, ensure that you are actively using the trademark in relation to the goods or services for which it is registered to avoid potential cancellation due to non-use. Finally, keep track of the next renewal deadline to ensure uninterrupted protection of your brand.
Consequences of Not Renewing a Trademark on Time
Failing to renew your trademark on time can have significant negative consequences for your brand:
- Trademark Removal from the Register: Your trademark will be removed from the official Trademark Register.
- Loss of Exclusive Rights: You will lose the exclusive rights associated with the registered trademark.
- Risk of Rebranding: Competitors may be able to register a similar or identical mark, potentially forcing you to rebrand.
- Loss of Legal Protection: You will lose the ability to take legal action against infringers.
- Expensive Restoration or Fresh Registration: Restoring a removed trademark involves additional costs and procedures. If the grace period expires, you may have to go through the entire fresh registration process.
Why Choose Kanakkupillai for Trademark Renewal?
Kanakkupillai is a trusted legal advisory firm in India specializing in trademark registration, renewal, and protection. Your trademark is a valuable asset that distinguishes your business, and timely renewal is vital to safeguard your rights.
At Kanakkupillai, we streamline the trademark renewal process, making it quick and hassle-free for you. Whether it's your first renewal or you need assistance with a lapsed registration, our experienced experts handle all the complexities, allowing you to focus on your core business operations.
With our seamless online processing, you can renew your trademark from anywhere in the world. Let Kanakkupillai manage the legal aspects while you continue to build your brand. Contact us today for a smooth and efficient trademark renewal experience!
We Provide Best Quality
What makes Us Different
300+ Services
Relax at home, we take care of Tax/Compliance
Reasonable
Low price with professional service delivery
Customer Satisfaction
Prioritize client satisfaction and expectations at every step
Google Reviews
99% of Customers rated us 5* in Google.
Turn Around Time
99% of services will be delivered on within timeline
Compliance
We manage 99.9% of compliance within due date
Our Banking Partners
