Trademark Renewal
Trademark Renewal in India
Renew Your Trademark and Continue Protecting Your Brand
Is your trademark due for renewal? Start the process before the deadline.
What Is Trademark Renewal?
Trademark renewal is the process of extending the validity of a registered trademark for another ten-year period under Section 25 of the Trade Marks Act, 1999.
A trademark can distinguish your business’s goods or services from those of other businesses. Keeping the registration renewed helps maintain its registered status, subject to the applicable law and any relevant orders or proceedings.
Why Is Trademark Renewal Important?
Maintain registered status, Continue relying on registration rights, Protect your brand asset, Support licensing and transfer, Avoid preventable lapses.
How to Renew a Trademark in India
Trademark renewal involves checking the registration record, preparing the correct application, paying the applicable fee, and following the filing through the Registry.
Check the Trademark Record
Verify the registration number, registered proprietor, classes, and expiry date using the official trademark record.
Confirm the Renewal Deadline
Determine whether the trademark is still within its current registration period, has expired within the permitted post-expiry period, or has already been removed from the register.
Prepare Form TM-R
The standard application for renewal is filed using Form TM-R. The correct filing option depends on whether you are applying before expiry, after expiry with a surcharge, or seeking restoration.
Submit the Application and Fee
Provide the required information and pay the applicable government fee and any relevant surcharge.
Follow the Application Status
Monitor the application and respond to any communication or procedural requirement from the Registry, if applicable.
Verify the Updated Registration
After the renewal is processed, check the official record to confirm the updated status and next expiry date.
Get Assistance With Your Trademark Renewal Filing
Discuss with us your requirements to suggest best services.
Trademark Renewal Deadline in India
Tracking the renewal date is essential to maintaining your trademark registration.
Before Expiry
A trademark renewal application may be filed up to one year before the expiry of the current registration. Filing early gives you time to check the registration details and complete the necessary formalities.
Within 6 Months After Expiry
If the registration has expired, renewal may still be possible within the prescribed six-month period, subject to the required renewal fee and surcharge
If the TM Has Been Removed
If a trademark has been removed from the register for non-payment of the renewal fee, restoration & renewal may be possible under Section 25(4), subject to the statutory time limit, prescribed fee, and the Registrar’s assessment.
Why Choose CA India for Trademark Renewal?
CA India can assist with understanding the process and organizing the information needed for your trademark renewal.
Renewal Deadline Guidance
Understand the relevant expiry date and filing window.
Registration Detail Review
Organize the information needed to identify the registered trademark.
Document
Preparation
Identify the details and supporting documents required for the application.
Complete Filing Assistance
Navigate the applicable form and filing requirements.
Contact CA India for Trademark Renewal Assistance
Frequently Asked Questions
How long is a trademark valid in India?
Trademark registration is generally valid for ten years and can be renewed for successive ten-year periods under Section 25 of the Trade Marks Act, 1999.
When can I apply for trademark renewal?
An application may be filed up to one year before the expiry of the current registration. It is advisable to verify the expiry date and begin the process early.
Which form is used for trademark renewal?
Form TM-R is used for renewal and for the applicable restoration or post-expiry renewal options, depending on the circumstances.
Can I renew a trademark after it expires?
Renewal may be possible within six months after expiry, subject to the prescribed surcharge and other requirements. If the mark has been removed from the register, a separate restoration process may be relevant.
Can a removed trademark be restored?
Restoration and renewal may be available under Section 25(4), subject to the statutory time limit, prescribed fee, and the Registrar’s assessment. The current registration record should be checked before deciding how to proceed.
How much does trademark renewal cost?
The government fee depends on the number of classes and the applicable filing circumstances. A surcharge may apply after expiry, and restoration may involve additional fees. Professional service charges may be separate.
Do I need to submit proof of trademark use for renewal?
Do not assume that proof of use is required for every routine renewal. The documents required depend on the applicable procedure and the circumstances of the case.
Can I change my trademark during renewal?
Renewal does not generally allow material changes to the registered mark. A separate application or procedure may be required, depending on the proposed change.
What happens if I do not renew my trademark?
The registration may be removed from the register if the prescribed renewal requirements are not met. This can affect the owner’s ability to rely on the registration. The options available after expiry depend on the current status and applicable deadlines.