Trademark Registration In India Can Be Renewed After How Many Years?

Trademark Registration In India Can Be Renewed After every 10 years. A registered trademark is generally protected for a period of 10 years from the date of filing of the trademark application. The registration can then be renewed for successive periods of 10 years by filing the prescribed renewal application and paying the applicable fee.

Trademark renewal is important because registration does not continue indefinitely without renewal formalities. A trademark owner who wants to maintain continuous protection should monitor the expiry date and complete the renewal process within the prescribed period.

Under the Trade Marks Rules, 2017, an application for renewal is filed using Form TM-R. The renewal application may be filed up to one year before the expiration of the current registration.

For a detailed explanation of the trademark registration procedure, refer to the complete guide to trademark registration process.

Trademark Registration In India Can Be Renewed After How Many Years?

A trademark registration in India can be renewed after every 10 years. The registration can continue to be renewed for successive 10-year periods as long as the prescribed renewal requirements are completed.

For example, if a trademark is registered for its initial 10-year term, the proprietor can renew it for another 10 years. At the end of the next 10-year period, the trademark can again be renewed for another 10 years.

There is no fixed maximum number of renewals. A trademark can continue to be protected through successive renewal periods, subject to the applicable law and renewal requirements.

When Can a Trademark Renewal Application Be Filed?

The trademark owner does not have to wait until the registration expires to apply for renewal. Under Rule 57 of the Trade Marks Rules, 2017, an application for renewal may be made at any time not more than one year before the expiration of the current registration.

Early filing allows the proprietor to complete the renewal formalities before the registration reaches its expiry date.

The renewal application is filed using Form TM-R along with the prescribed government fee.

Trademark Renewal Timeline in India

The trademark renewal timeline can be understood through the period before expiry and the procedures available after expiry.

Before Trademark Expiry

The proprietor can apply for renewal during the period permitted before the expiration of the current registration. Rule 57 allows the renewal application to be made up to one year before expiry.

Filing within this period helps the proprietor maintain the registration without allowing the renewal to lapse.

Within Six Months After Expiry

If the renewal fee has not been paid by the expiry date, the Trade Marks Rules provide a mechanism for renewal with a prescribed surcharge. The applicable rules provide for payment of the renewal fee and surcharge within the prescribed period after expiry.

The applicable government surcharge is payable in addition to the normal renewal fee.

Within One Year After Expiry

If the trademark has been removed from the register because the renewal requirements were not completed, the proprietor may apply for restoration and renewal within the prescribed period, subject to the applicable requirements and the Registrar's consideration.

Rule 60 provides for an application for restoration and renewal in Form TM-R within one year from the expiration of the registration.

How Does Trademark Renewal Work?

The trademark renewal process involves submitting the prescribed renewal application and paying the applicable government fee.

1. Check the Trademark Expiry Date: Verify the expiry date of the registered trademark.
2. Review the Registration Details: Confirm the trademark number, proprietor details and registered classes.
3. Prepare Form TM-R: Prepare the prescribed renewal application.
4. Pay the Government Fee: Pay the applicable renewal fee for each class.
5. Submit the Renewal Application: File the application with the Trade Marks Registry.
6. Monitor the Application: Track the renewal application and respond if the Registry requires any further action.
7. Maintain the Renewed Registration: Record the new renewal period and monitor the next expiry date.

The prescribed form for renewal is Form TM-R.

Trademark Renewal Fee in India

The government fee for trademark renewal depends on the filing method and the number of classes.

These are government fees. Professional service charges, if any, are separate from government fees. The applicable fee should be verified against the current official fee schedule before filing.

Trademark Renewal Cost Based on Number of Classes

Trademark renewal fees are charged on a per-class basis. Therefore, if a trademark is registered in multiple classes, the renewal fee applies separately to each class.

The actual amount should be verified against the applicable government fee schedule at the time of filing because official fees may be revised.

What Happens If a Trademark Is Not Renewed?

If the renewal requirements are not completed within the applicable period, the Registrar may remove the trademark from the register and advertise the removal in the Trade Marks Journal, subject to the provisions relating to surcharge and restoration.

The Trade Marks Rules provide mechanisms for renewal with surcharge and restoration after expiry, subject to the prescribed time limits and conditions.

Trademark owners should therefore monitor the expiry date and begin the renewal process before the registration expires.

Can a Trademark Be Renewed After Expiry?

Yes. A trademark can be renewed after its expiry in accordance with the prescribed procedure and within the applicable post-expiry period.

Where renewal is sought after expiry, the applicable renewal fee and prescribed surcharge may be payable. If the trademark has already been removed from the register, restoration and renewal may be available within the prescribed period, subject to the applicable requirements.

Trademark owners should act promptly after expiry because post-expiry renewal involves additional formalities and costs.

Can a Trademark Be Renewed Before Expiry?

Yes. A trademark renewal application can be filed before the current registration expires.

Rule 57 allows an application for renewal to be made at any time not more than one year before the expiration of the last registration.

Early renewal can help the proprietor plan the compliance process in advance and reduce the risk of missing the expiry date.

Documents and Information Required for Trademark Renewal

The trademark renewal application primarily requires the relevant registered trademark details and information needed for filing Form TM-R.

Common information required may include:

• Registered trademark number
• Name of the registered proprietor
• Details of the trademark class or classes
• Details of the applicant or authorised representative
• Prescribed renewal application information
• Payment of the applicable government fee

Additional documents may be required depending on the circumstances of the application or whether restoration or other related action is involved.

Trademark Renewal Process Online

Trademark renewal can be filed online through the Trade Marks Registry's e-filing system.

The online renewal process generally involves:

1. Checking the trademark registration status.
2. Confirming the expiry date.
3. Verifying the registered trademark number and classes.
4. Preparing Form TM-R.
5. Selecting the applicable renewal option.
6. Paying the prescribed government fee.
7. Submitting the application electronically.
8. Monitoring the renewal application status.

Applicants should ensure that the proprietor and trademark details in the renewal application are accurate.

Importance of Trademark Renewal

Trademark renewal is important for maintaining the registration and continuing the statutory protection associated with the registered mark.

• Maintains Registration: Timely renewal keeps the trademark registration active.
• Continues Brand Protection: Helps maintain the legal protection associated with the registered mark.
• Protects Brand Value: Helps preserve an important intellectual property asset.
• Supports Commercial Use: Maintains the registration while the business continues using the brand.
• Avoids Unnecessary Restoration Proceedings: Timely renewal can avoid the additional procedures associated with a lapsed registration.

Trademark Renewal vs Trademark Registration

How Often Does a Trademark Need to Be Renewed?

A trademark needs to be renewed every 10 years to continue its registration. There is no fixed limit on the number of renewal cycles, provided the applicable renewal requirements are satisfied.

For example:

1. Initial registration: 10 years.
2. First renewal: Additional 10 years.
3. Second renewal: Additional 10 years.
4. Third renewal: Additional 10 years.
5. Further renewals: Additional 10-year periods.

This allows a trademark to remain registered for an indefinite period through successive renewals.

What Should Trademark Owners Do Before Expiry?

Trademark owners should review their trademark portfolio before the expiry of each registration and identify trademarks that need renewal.

• Check the expiry date of each registered trademark.
• Verify the registered proprietor details.
• Confirm the relevant trademark classes.
• Check whether any changes need to be recorded separately.
• Prepare the renewal application.
• Pay the applicable government fee.
• Keep evidence of the renewal filing and payment.
• Record the next renewal date for future compliance.

Businesses with multiple trademarks should maintain a central record of registration numbers, classes, proprietors and expiry dates to reduce the risk of missing renewal deadlines.

Trademark Renewal for Businesses

Businesses often build significant commercial value around their trademarks. A brand name, logo or product mark may be used across websites, packaging, advertising, stores, digital platforms and other business channels.

Allowing an important trademark registration to lapse can create unnecessary legal and commercial risks. Businesses should therefore treat trademark renewal as part of their intellectual property compliance process.

Where a business owns trademarks across several classes or entities, each registration should be reviewed separately because renewal fees and requirements can apply based on the relevant registered classes.

Start or Maintain Your Trademark Protection

Understanding that Trademark Registration In India Can Be Renewed After every 10 years is important for every trademark owner. Renewal is not a one-time lifetime process. The registration must be renewed for successive 10-year periods to maintain continuous protection.

Trademark owners should ideally begin the renewal process before expiry. Under the current rules, renewal can be filed up to one year before expiry, while specific surcharge and restoration mechanisms apply after expiry.

To explore trademark registration and related services, visit the Trademark Registration service on IndiaFilings.

For information on registering a trademark from the beginning, read How to Register a Trademark in India.

For other business and compliance services, visit IndiaFilings.