Protect Your Brand – Renew Your Trademark Today
Don’t risk losing your brand name. Renew your trademark on time to keep legal rights and business value secure. Act now—stay protected and stress-free.
Trademark Renewal in India
Keep your brand safe with easy trademark renewal in India. Don’t risk losing your trademark—renew it on time and protect your business identity. Our expert team makes the process fast and stress-free. Act now to stay protected. Contact us today for a quick and simple trademark renewal!
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Trademark Renewal Online: Overview
In today’s competitive business world, your brand identity is one of your most valuable assets. A strong brand name, logo, or slogan helps customers recognize you, builds trust, and sets you apart from the crowd. In India, this valuable asset is legally protected through trademark registration. However, obtaining a trademark isn’t a one-time event. To ensure your brand continues to enjoy legal protection, trademark renewal in India is a crucial step every ten years.
Why is Trademark Renewal Important?
Registering a trademark is just the beginning of securing your brand. In India, once a trademark is registered, it is valid for a period of 10 years from the date of application. However, this protection is not indefinite. To continue enjoying exclusive rights to your trademark, you must renew it before the expiry of the validity period.
If you fail to renew your trademark, the registration can be cancelled, and your brand may become vulnerable to misuse or infringement. Therefore, trademark renewal in India is critical to maintaining your legal rights and ensuring your brand remains protected.
Duration and Validity of Trademark Registration in India
- Initial Registration Period: 10 years from the date of filing the trademark application.
- Renewal Period: Every 10 years thereafter.
Trademark renewal can be done indefinitely in India, provided you file the renewal application every 10 years and pay the applicable fees. This means a trademark can last forever with timely renewals.
When to Apply for Trademark Renewal?
The trademark renewal application should be filed within the six months before the expiration of the current registration period. In India, you also have a grace period of six months after the expiry to file for renewal by paying an additional late fee. However, it is always advisable to renew the trademark before the expiry to avoid extra charges or the risk of losing your rights.
Trademark Renewal Fees
| Government Fee (Form TM-R) | ₹ 9,000/- |
|---|---|
Professional Fee | ₹ 2,699/- |
GST@18% | ₹ 486/- |
Total Renewal Fee | ₹ 12,185/- |
Package Does Not Include:
1. Trademark Attorney Change Fee
2. Late Fee of Renewal
3. Trademark Restoration Charges
4. Please seek personalised quote if ™ Expired.
Restoration of Trademark
There can be times that a person forgets to renew their trademark in the given time period. No worries there is still an option available in such cases. In the case of failure to renew one can then try to restore a trademark. Restoration of a trademark is allowed by the Trademark Act, 1999 under Section25 (4) where it allows persons to apply for the restoration of the trademark.
Restoration can only be done within one year of the expiry of the registered trademark. Restoration of a trademark includes an additional fee over the renewal fee of:
- 10,000 rupees if done by a person physically,
- or an additional 9000 rupees if done online
Trademark Renewal Process in India
Renewing a trademark in India is a straightforward process, but it requires careful attention to deadlines and documentation. Here’s a step-by-step guide:
- Check Renewal Date: Verify the exact date of trademark registration and note the expiration date. Mark your calendar to apply for renewal at least six months before expiry.
- Prepare Renewal Application: The renewal application is submitted using Form TM-R. This form requires details such as trademark registration number, class of goods/services, and applicant details.
- Pay Renewal Fees: Along with the application, you must pay the prescribed renewal fee. Fees vary based on the type of applicant (individual, small enterprise, or others).
- File the Application: Submit the renewal form and fees to the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM). This can be done online through the official trademark portal or physically at the trademark office.
- Acknowledgment and Confirmation: Once submitted, you will receive an acknowledgment receipt. The trademark office will process the application and update the registration after successful renewal.
- Renewal Certificate: After renewal, the trademark office issues a renewal certificate as proof of the extended validity.
Consequences of Not Renewing Your Trademark
1. Loss of Legal Protection
When a trademark is not renewed within the prescribed time or grace period, the registration lapses. This means you no longer have exclusive legal rights to use the trademark. Without registration, it becomes difficult to legally protect your brand against misuse or infringement.
2. Risk of Brand Infringement
A lapsed trademark opens the door for others to use your brand name, logo, or slogan. Competitors or unrelated businesses may begin using a similar or identical mark, leading to customer confusion, brand dilution, and loss of reputation.
3. Reputation Damage
Your trademark represents your brand’s image and goodwill in the market. If the trademark registration is not renewed and someone else starts using a similar name or logo, your existing customers may associate their negative experience with your brand, which can harm your business reputation.
4. Costly Legal Disputes
Once your trademark lapses, others may try to register it or a similar mark. If you wish to reclaim it later, you may face lengthy and expensive legal battles. Proving prior use and ownership becomes more difficult without an active registration.
5. Loss of Business Value
A registered trademark adds to the overall value of a business. It builds trust, loyalty, and market presence. If the registration is lost due to non-renewal, it affects your brand equity and may reduce the overall value of your company, especially in mergers, acquisitions, or investor relations.
6. Impact on Franchising
If your business model involves licensing or franchising, a valid trademark is essential. Losing your trademark registration can result in breach of contract or loss of franchise rights, directly impacting your business operations and revenue.
FAQ on Trademark Renewal
Trademark renewal is the process of extending the validity of a registered trademark for an additional period, typically 10 years. This ensures continued legal protection and exclusive rights to use the trademark.
Renewing a trademark is crucial for maintaining brand protection. Failure to renew can lead to loss of rights, allowing others to use or register similar marks, which can dilute brand identity and market position.
You can renew your trademark:
- Up to one year before the expiration date.
- Within six months after the expiration date, but with an additional surcharge.
If not renewed within this timeframe, the trademark may be removed from the register
To initiate the renewal process, you typically need:
- A duplicate of the trademark registration certificate
- A completed renewal application form (TM-R).
- Identification proof of the applicant.
- Power of Attorney if represented by an attorney.
The fees vary based on filing method:
| Filing Method | Cost (Physical Filing) | Cost (E-filing) |
|---|---|---|
| TM-R Application | ₹10,000 | ₹9,000 |
| With Surcharge | ₹5,000 + Renewal Fee | ₹4,500 + Renewal Fee |
Minor changes may be permitted during renewal; however, significant alterations typically require a new application. It’s essential to check with the trademark office for specific guidelines.
If you miss the renewal deadline, you may still file within six months after expiration with a surcharge. After this period, the trademark will be removed from the register, but it can be restored within one year under certain conditions.
The renewal process generally involves:
- Filing an Application: Submit Form TM-R along with required documents and fees.
- Examination: The application will be reviewed by the trademark office.
- Publication: If approved, it will be published in the Trademark Journal.
- Issuance of Renewal Certificate: Upon successful publication, a renewal certificate will be issued.
