Trademark Renewal

Trademark Renewal: complete guide

Introduction

A registered trademark in India does not last forever on its own. Under the Trade Marks Act, 1999, a registration is valid for ten years, and it must be renewed for a further ten years each time it reaches the end of its term. Renewal can be repeated indefinitely, which means a well-maintained trademark can stay on the register and protect your brand for as long as you continue to renew it. If renewal is missed, the mark can be removed from the register, and the exclusive rights that came with registration are lost.

The ten-year term is counted from the date of the application, not from the date the registration certificate was issued. This often surprises owners whose applications took several years to reach registration. A mark applied for in one year and registered three or four years later will still fall due for renewal ten years after the original application date. For this reason, some owners find that their first renewal is due only a few years after they received the certificate.

Renewal is made by filing Form TM-R with the Trade Marks Registry, along with the prescribed official fee. The same form is used to renew within the normal period, to renew late within the grace period with an additional surcharge, and to apply for restoration of a mark that has already been removed for non-renewal, within the time allowed. Once the renewal is processed, the Registry updates the register with the new period of validity, and the change is published in the Trade Marks Journal.

Renewal looks simple on paper, but it depends on getting the owner details, the address for service, the registration number and the deadlines exactly right. Many renewals run into trouble because the owner's name or address has changed, the mark has been assigned without the change being recorded, or the earlier records are incomplete. Our team checks the status of your mark on the register, identifies any record changes that must be made first, and files the renewal so that your registration continues without a gap.

Who Needs It

Trademark renewal is needed by every owner of a registered mark whose ten-year term is ending or has recently ended. Common situations include:

• Businesses with a registration approaching ten years. If your mark was applied for close to ten years ago, the renewal window may already be open.
• Owners whose registration has recently expired. If the expiry date has passed within the last six months, the mark can still be renewed with a surcharge for late renewal.
• Owners whose mark has been removed from the register. If a mark was removed for non-payment of the renewal fee, restoration may still be possible within the time allowed under the rules.
• Companies that have changed their name or address. These owners need to record the change before or along with the renewal so that the renewed registration shows the correct details.
• Businesses that acquired a mark through assignment or merger. The new owner must have the assignment recorded on the register to renew the mark in its own name.
• Owners holding several registrations across classes. Each registration has its own renewal date, and a portfolio needs tracking so that no class is missed.
• Individuals and proprietors who registered a brand years ago and are no longer sure of its status.

Key Benefits

• Continuous protection. Renewal keeps your exclusive right to use the mark for the registered goods or services in force for another ten years.
• Ability to enforce your rights. Only a valid registration supports an infringement action. Renewing on time keeps your strongest legal remedy available.
• Protection of brand value. A trademark is an asset that can be licensed, assigned, used as security and valued in a transaction. An expired registration reduces that value.
• No need to start again. Renewal preserves your original application date and priority. A fresh application would put your mark behind any similar marks filed in the meantime.
• Clean records. Renewal is a good moment to bring the owner's name, address and other details up to date on the register.
• Support for due diligence. Investors, buyers and franchisees check the validity of trademarks. A renewed registration avoids awkward questions during funding or sale.
• Lower risk of losing the mark to others. Once a mark is removed, others may apply for the same or a similar mark, and getting it back can become difficult or impossible.

Renewal, late renewal and restoration, compared. Renewal within the normal window, which opens up to one year before the expiry date, is the simplest route and involves only the standard official fee. If the registration has already expired, the owner can still file for renewal within six months after the expiry date by paying a surcharge, and the registration continues without a break. If that grace period also passes, the Registrar may remove the mark from the register. Even then, the Act and Rules allow the owner to apply for restoration and renewal within the time permitted, usually up to one year from the expiry of the last registration, with an additional restoration fee. Restoration is at the Registrar's discretion and is subject to conditions, so it should never be relied on as a plan.

What renewal does not change. Renewal extends the term of the existing registration exactly as it stands. You cannot use a renewal to add new goods or services, extend to a new class, or change the mark itself. If your business has grown into new areas, or your logo has been redesigned, you may need fresh applications alongside the renewal.

Eligibility and Legal Requirements

Renewal of a registered trademark is governed by Section 25 of the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. The main requirements are:

• A valid registration. Only a registered trademark can be renewed. A pending application cannot be renewed, but if it remains pending for more than ten years from the application date, the renewal fee may still be required when it proceeds to registration.
• The applicant must be the registered proprietor. The renewal must be filed by the owner shown on the register or by an authorised agent. If ownership has changed, the change must be recorded through the appropriate form before or along with the renewal.
• Correct form and fee. Renewal is filed in Form TM-R. The official fee depends on whether the applicant is an individual, startup or small enterprise, or another type of entity, and whether the filing is made online or physically. Government fees are payable at actual.
• The renewal window. The application may be filed within one year before the expiry of the current registration.
• Grace period. If the registration has expired, the renewal may be filed within six months of expiry along with a surcharge.
• Restoration. If the mark has been removed for non-renewal, an application for restoration and renewal can be filed within the period allowed under the Rules, generally one year from the expiry of the last registration. The Registrar must be satisfied that it is just to restore the mark.
• Notice from the Registry. The Rules provide for the Registrar to send a reminder notice to the registered proprietor before expiry. However, the owner remains responsible for renewal even if the notice is not received, for example because the address on record is outdated.
• Separate filings per registration. Each registration number must be renewed. A single form can cover more than one class only where the registration itself is a multi-class registration.

The Act, the Rules and the official fee schedule are amended from time to time. We check the current requirements and fees at the time of filing.

Step-by-Step Guide

1. Share your trademark details. Send us the registration number, a copy of the registration certificate if you have it, and the current owner details.
2. Status check on the register. We review the online record of the mark to confirm the application date, expiry date, current status, owner name, address for service and any pending actions.
3. Identify record changes. If the owner's name, address or legal form has changed, or the mark has been assigned, we advise on the form needed to update the record, such as Form TM-P for changes to the register, and whether it should be filed before the renewal.
4. Confirm the correct route. Based on the expiry date, we confirm whether the matter is a normal renewal, a late renewal within the grace period, or a restoration and renewal.
5. Prepare the authorisation. If we are filing as your agent, we prepare a power of attorney, Form TM-48, for your signature.
6. Prepare Form TM-R. We prepare the renewal application with the registration number, class, owner details and the period being renewed.
7. Review and approval. We share the draft with you to confirm the details before filing.
8. File and pay official fees. We file the application online through the trademark e-filing system. The official fee, and any surcharge or restoration fee, is paid at actual.
9. Track processing. We monitor the status of the renewal and respond to any query from the Registry, such as a request for proof of change of name or address.
10. Confirmation and records. Once the register is updated, we share the renewal confirmation and the updated record showing the new validity, and note the next renewal date for your records.

Documents Checklist

For all applicants:

• Trademark registration number and class
• Copy of the registration certificate, if available
• Copy of the original application or the online record, if available
• Power of attorney in favour of the filing agent, signed by the owner

If the owner is an individual or sole proprietor:

• Identity proof of the owner, such as PAN or Aadhaar
• Current address proof, if the address on record has changed

If the owner is a company, LLP or partnership firm:

• Certificate of incorporation, LLP registration or partnership deed
• Authority letter or board resolution authorising the signatory
• Proof of any change of name, such as a fresh certificate of incorporation on change of name
• Proof of any change of registered address

If ownership has changed:

• Assignment deed, merger or amalgamation order, or other document by which the mark was transferred
• Documents needed to record the new owner on the register

For late renewal or restoration:

• A brief explanation of why the renewal was missed, which can support a restoration request
• Any notice received from the Registry about expiry or removal

How Long It Takes

Preparing and filing a renewal usually takes one to three working days after we receive your details and the signed power of attorney.

• Status check and document review: one working day in most cases.
• Record changes, if needed: additional time to prepare and file the change request, depending on the documents available.
• Filing: the renewal is filed online, and the filing receipt is generated immediately.
• Registry processing: updating the register can take anywhere from a few weeks to a few months, depending on the Registry's workload. Your mark remains protected while a timely renewal is being processed.
• Restoration: restoration requests can take longer, as the Registrar considers whether the conditions for restoration are met.

Pricing

Our professional fee for Trademark Renewal is ₹ 1,499.

This covers:

• Status check of the registration on the register
• Advice on the correct route: renewal, late renewal or restoration
• Preparation of the power of attorney
• Preparation and filing of Form TM-R
• Tracking of the application and responses to routine Registry queries
• Sharing the renewal confirmation and the next renewal date

Official government fees, including any late renewal surcharge or restoration fee, are payable at actual and depend on the type of applicant. Recording a change of name, address or ownership, and any hearing before the Registrar, are quoted separately where needed.

Common Mistakes to Avoid

• Counting ten years from the certificate date. The term runs from the application date. Owners who count from the certificate often miss the deadline.
• Relying on the Registry's reminder. The reminder notice is sent to the address on record. If your address has changed, you may never receive it, and the duty to renew remains with you.
• Renewing with outdated owner details. If the owner's name or address has changed, the renewal may be held up until the record is corrected.
• Renewing in the wrong name after an assignment. A buyer of a mark must record the assignment before renewing. Renewal by an owner who is not on the register can lead to objections.
• Leaving it to the last week. Technical issues, missing documents or approvals can delay filing. File early within the one-year window.
• Assuming restoration is automatic. Restoration is discretionary and time-limited. Once the restoration period has passed, the only option may be a fresh application, which may face conflicts with marks filed in the meantime.
• Not tracking multiple registrations. Businesses with several marks and classes often renew some and forget others. Keep a list of every registration and its due date.
• Expecting renewal to cover a new logo. Renewal covers only the mark as registered. A changed logo needs a fresh application.

What Happens After

After the renewal is processed:

• The register is updated with the new period of validity, which runs for ten years from the expiry of the previous term.
• The renewal is published in the Trade Marks Journal as required.
• Keep the confirmation safe with your registration certificate. It is useful for enforcement, licensing and due diligence.
• Diary the next renewal date ten years ahead, along with a reminder to start the process at least a year before.
• Review your portfolio. Check whether your current logo, taglines and product lines are covered, and file fresh applications where needed.
• Keep your details current. Update the register whenever your name, address or ownership changes, so future notices reach you.
• Continue using the mark. A registered mark that is not used for a continuous period of five years and three months can be challenged for removal on the ground of non-use, even if it has been renewed.

FAQs

How long is a trademark registration valid in India?

A trademark registration is valid for ten years from the date of application. It can be renewed for further periods of ten years each, any number of times.

When can I file for trademark renewal?

You can file the renewal application within one year before the registration expires. Filing early within this window does not shorten your term, because the new period runs from the end of the current term.

What happens if I miss the renewal date?

You can still renew within six months after the expiry date by paying a surcharge. If that period also passes, the mark may be removed from the register, and you would need to apply for restoration within the time allowed.

Can a removed trademark be restored?

Yes, in many cases, if the application for restoration and renewal is filed within the period allowed under the Rules, which is generally one year from the expiry of the last registration. The Registrar must be satisfied that restoration is just, and conditions may apply.

Is the ten-year term counted from the registration certificate date?

No. The term is counted from the date of the application. If your application took several years to be registered, your renewal will fall due sooner after the certificate than you might expect.

Can I add new goods or classes when renewing?

No. Renewal only extends the existing registration as it stands. For new goods, services or classes, you need a fresh trademark application.

Can I renew a trademark with a modified logo?

No. Renewal applies only to the mark exactly as registered. If your logo has changed substantially, file a new application for the updated version and continue renewing the old one if you still use it.

My company changed its name. Can I still renew?

Yes, but the change of name should be recorded on the register, usually before or along with the renewal. This keeps your records consistent and avoids objections during processing.

Do I need to show that I am still using the mark?

Proof of use is not required with the renewal application. However, a mark that has not been used for a continuous period of five years and three months can be challenged for removal on the ground of non-use.

Will I receive a reminder from the Registry?

The Rules provide for a reminder notice to be sent to the registered owner before expiry, but it may not reach you if your address has changed. You should track your own renewal dates.

Is my mark protected while the renewal is being processed?

Yes. If you file the renewal within time, the registration continues even while the Registry processes the application.

Who can file the renewal application?

The registered proprietor can file it directly, or through an authorised agent such as a trademark attorney or advocate under a power of attorney.

Is the renewal fee the same for everyone?

No. Official fees differ for individuals, startups and small enterprises compared to other applicants, and late renewal and restoration carry additional amounts. Government fees are charged at actual.

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