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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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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
- Form TM-R: It is an application for renewal of a registered trademark.
- Form TM-M (if applicable): It is used to restore a removed trademark.
- Trademark Registration Certificate: It is a proof of trademark ownership.
- Identity & Address Proof: It is required for the applicant, such as an owner or authorised agent.
- Power of Attorney (if applicable): It is required if filed by an agent or attorney.
- Proof of Business Use (if needed): It helps maintain ownership in case of objections.
- Government Fee Payment Receipt: It is a proof of payment for renewal fees.
- Form TM-18: It is an affidavit supporting the statement of the case (if required).
Trademark Renewal Forms, Purpose and Fees
|
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) |
₹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) |
₹10,000 + Renewal Fee |
₹9,000 + Renewal Fee |
|
TM-18 |
Affidavit supporting the statement of the case (if applicable) |
Not Applicable |
Not Applicable |
Online Procedure for Trademark Renewal in India
There are two primary ways to renew a trademark:
- Renew with modifications: When you renew your trademark, you can update specific signs or words on your existing mark.
- Renewing without modification: This option allows the trademark to be renewed keeping its current text and design.
Follow the following steps for Trademark Renewal in India:
Step 1: Check Trademark Expiry Date
- Trademarks in India are valid for 10 years from the date of registration.
- The renewal application must be filed at least six months before expiry.
- Trademark owners can check the renewal date using:
- The Trademark Registration Certificate issued at the time of registration.
- The IP India Online Database for trademark status verification.
- If renewal is missed, there is a six-month grace period with an additional fee.
Step 2: File Trademark Renewal Application (Form TM-R)
- The renewal process begins by submitting Form TM-R to the Trademark Registry.
- The government filing fee for renewal is:
- ₹9,000 for e-filing.
- ₹10,000 for physical filing.
- The application must include the following details:
- Trademark registration number.
- Class under which the trademark is registered.
- Owner’s name and address.
- Trademark agent or attorney details (if applicable).
- Proof of previous registration.
Step 3: Examination of Renewal Application
- Once Form TM-R is filed, the Trademark Registrar examines the application.
- If the application is in order, the renewal process moves forward.
- If any discrepancies are found, the Registrar may issue an objection notice, requiring the owner to provide additional clarification or documentation.
Step 4: Publication in the Trademark Journal
- Upon approval, the renewed trademark is published in the Trademark Journal.
- This serves as public notice to inform third parties that the trademark continues to remain valid.
- If no opposition is raised within the stipulated time, the renewal is finalised.
Step 5: Issuance of Trademark Renewal Certificate
Once the renewal process is complete, the Trademark Registry shall issue a renewal certificate.
Step 6: Monitoring and Continued Protection
After renewal, businesses must:
- Ensure active use of the trademark to prevent cancellation due to non-use.
- Monitor the market for any similar or infringing marks.
- Track the next renewal deadline to avoid missing it in the future.
Consequences of Not Renewing a Trademark on Time
- Trademark Removal from the Register
- Loss of Exclusive Rights
- Risk of Rebranding
- Loss of Legal Protection
- Expensive Restoration or Fresh Registration
Why Choose Kanakkupillai?
Kanakkupillai is a trusted legal advisory firm in India that specialises in trademark registration, renewal and protection. Your trademark is a valuable asset that sets your business apart, and renewing it on time ensures that your rights remain intact.
At Kanakkupillai, we simplify the trademark renewal process and make it quick and hassle-free. Whether you are renewing your trademark for the first time or need assistance with a lapsed registration, our experts are here to handle everything while you focus on running your business.
With seamless online processing, you can renew your trademark from anywhere in the world. Let us take care of the legalities while you build your brand. Contact us today to renew your trademark with ease!
Frequently Asked Questions
What happens when the ten years are up and my trademark expires?
Owners can still restore their trademarks if they expire and are not renewed. This requires going through a renewal-like restoration process, but with an extra penalty for the delay.Where in India is the application for trademark renewal presented?
The Controller General of Patents, Designs, and Trademarks, a division of the Indian government's Ministry of Industry and Commerce, is responsible for trademark registration in the country.Is it acceptable for another individual to renew my registered trademark if I chance to forget?
Sometimes, if rivals or other third parties think you've given up your trademark, they could try to renew it. It is essential that you monitor the state of your trademark closely.When my trademark is being renewed, is it allowed to make modifications?
Substantial changes to the mark might need a new application, but in some circumstances, minor adjustments might be permitted.What is involved in trademark restoration?
If a trademark has been removed from the Register of Trademarks for failing to renew, it can be put back on the register by submitting an application in the appropriate form no later than six months after the date the mark's most recent registration expired, but no later than a year after that date.Is it possible to utilize an expired trade mark?
An expired trademark is considered a “dead” trademark, and a “dead” trademark implies that the proprietor of the trademark will seize to enjoy any lawful rights related with the trademark. Watch out for the expiry date of a trademark in order to guarantee that you continue to take advantage of its rights.What is the process to check if my trademark has been renewed?
Navigate to the Intellectual Property India official website, then choose Trademark Application/Registered Mark from the left menu option. Choose the "National/IRDI number" option on the following page. The trademark application number and the captcha are required to be entered on the following page.What occurs if a trademark is not renewed?
You will face the risk of losing your mark if you don't renew it. Someone else might be able to claim it. The exclusive rights to the mark may be lost to you if the registration expires and is replaced by any confusing or similar trademark.Can the renewal certificate be downloaded?
If the applicant's request for a trademark renewal is granted, they will obtain a readily downloaded online renewal certificate.Is there an extension of time after a trademark expires for renewing it?
Missing a deadline for renewing a trademark registration may have a positive outcome due to some positive news related to it. You have six months to register your trademark without facing any penalties. A federal trademark registration can remain valid forever as long as the owner keeps the registration up to date, unlike patents which have a limited duration.We Provide Best Quality
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