Trademark Renewal & Restoration
Trademark Renewal
A trademark helps a business distinguish its goods or services from similar goods or services from a different business. The trademark symbols, logos, labels, and names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act of 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems. The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. On 6th March 2017, Government of India (GOI) notified new Trade Mark Rules, 2017, to streamline the application process, create benchmarks for filing trademark applications, promote e-filing and simplify the registration process. The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. Let us have a look at the trademark renewal online procedures and restoration of marks in this article.
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Get Started!What is Trademark Renewal in India?
In India, a trademark registration is valid for ten years. To maintain legal protection for your brand identity beyond this initial period, you must go through a trademark renewal online process. This involves submitting a renewal application form (TM-R) and the prescribed fee to the Trademark Registry before your trademark expires. Renewing your trademark extends its validity for another ten years, allowing you to continue enjoying exclusive rights to use your brand name, logo, or slogan in India. It’s crucial to initiate the trademark registration renewal process well in advance, ideally within six months before the expiry date, to avoid any lapse in protection and potential complications.
Benefits of Trademark Renewal
The following are the key benefits one will get as a result of renewing the trademark,
- Maintains Brand Protection: Trademark registration renewal ensures your brand name, logo, or slogan will receive legal protection in India for another ten years. This prevents the competitors from using confusingly similar marks that could take away your customers.
- Prevents Loss of Exclusive Rights: Without renewal, your trademark registration will cease, and you will lose exclusive rights to use your brand. This enables others to register similar marks, diminishing your brand identity and creating confusion in the marketplace.
- Enables Legal Action: A renewed trademark strengthens your legal position if someone infringes upon your brand. With a valid registration, you can take legal action to stop unauthorized use and protect your brand reputation.
- Facilitates Licensing and Franchising: A renewed trademark allows you to license or franchise your brand to others, potentially generating additional revenue streams. Licensing partners or franchisees will be more confident knowing your brand enjoys ongoing legal protection.
- Maintains Brand Value: A continuously renewed trademark signifies a well-established brand committed to protecting its identity. This can enhance brand value and consumer trust in your products or services.
Documents Required for Trademark Renewal
These are the documents you need to have to initiate your trademark registration renewal process:
- Completed Trademark Renewal Application Form (TM-R)
- Copy of the Trademark Registration Certificate
- Copy of the Originally Filed Trademark Application Form (TM-A)
- Proof of Applicant’s Identity and Address
- Power of Attorney if an authorised representative or agent represents the applicant.
Forms to be filed for Trademark Renewal Online
The following forms must be provided for renewal of a Trademark along with the allotted fee.
| Form No. | Purpose | Cost (physical filing) |
Cost (e- filing) |
| TM-R | Application form for renewal of a registered trademark to be used by the registered proprietor | Rs.10,000 | Rs.9000 |
| Application for renewal with a surcharge of registration of a Trademark | Rs.5000 + Renewal fee | Rs.4500 + Renewal fee | |
| TM-18 | Affidavit in support of the statement of the case | – | – |
Duration to renew a Trademark
- The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
- The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
- The renewal can also be filed within six months after the date of expiry.
Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.
Click here to renew a trademark.
How to renew a registered trademark?
The following steps helps you to understand how to renew a registered trademark online in India.
Step 1: Application Submission
- Fill out and submit Form TM-R to the Trademark Registry. This form can be filed online through the official portal of the Indian Patent Office [IPO].
- You can also appoint an authorised representative or agent to file the application.
Step 2: Scrutiny and Review
- The Trademark Registry will scrutinize your application to ensure it meets all the requirements.
Step 3: Trademark Journal Publication
- The renewal will be advertised in the Trademark Journal if your application is approved.
Step 4: Grant of Renewal Certificate
- Upon successful publication and resolution of any opposition, the registry will receive a Trademark Renewal Certificate, signifying the extension of your trademark protection for another ten years.
Restoration of Trademark
Mandatory notice from the Office of the Registrar of Trademarks
The Office of the Registrar of Trademarks will send a notice six months prior to the proprietor informing about the deadline for renewal of the trademark. Upon non-renewal of the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.
However, the Trademark can be restored by filing an application along with the required fee.
Duration to restore a Trademark
- Trademark can be restored after six months and within one year from the date of expiration of the last registration of the mark.
Forms
The following forms must be provided for renewal of a Trademark along with the fee.
| Form No. | Purpose |
Cost (physical filing) |
Cost (e- filing) |
| TM-R | Application for renewal with surcharge/ restoration and renewal of a Trademark | Rs.10,000 + Renewal fee | Rs.9000 + Renewal fee |
| TM-18 | Affidavit in support of the statement of the case | – | – |
To know more about filing and documentation for restoring a trademark, click here.
The following members can file applications for renewal or restoration
- The proprietor of the registered trademark
- An agent associated with the registered trademark
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