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Trademark Renewal in India: Don’t Let Your Brand Expire

Ten years of effort, creativity, and reputation wiped out in silence. That’s what happened to a once-thriving business that forgot a simple but critical task: renewing its trademark. When their registration quietly expired, they assumed everything was fine until a competitor registered a confusingly similar mark. Legal battles followed, but the damage had been done. Their brand identity had slipped through their fingers, simply because they missed the renewal deadline.

This isn’t an isolated case. Many businesses fall into this trap, assuming that trademark registration is a one-time event. In reality, renewal is what keeps your brand alive and protected.

What is Trademark Renewal?

In India, a registered trademark is valid for ten years from the date of application. To continue enjoying legal protection and exclusive rights over your brand identity, the trademark must be renewed before it expires.

The process involves filing an application (Form TM-R) with the Trademark Registry, along with the prescribed fee. Once renewed, the protection is extended for another ten years and this can be done indefinitely every decade.

When Should You Renew Your Trademark?

  • You can apply for renewal within one year before the expiry date of your trademark.

  • If missed, there’s a grace period of six months after expiry, during which you can still renew by paying a late fee (surcharge).

  • If not renewed within that time, the mark is liable to be removed from the Register of Trademarks.

  • Restoration is possible within one year after expiry, but only by submitting an additional application along with a proper explanation.

Why Trademark Renewal Matters

Ensures Continued Legal Protection

Renewal safeguards your brand identity,be it your logo, name, slogan, or symbol from unauthorized use.

Preserves Your Exclusive Rights

Without timely renewal, you lose the legal right to stop others from using similar marks, leading to potential brand dilution and customer confusion.

Strengthens Your Legal Standing

Only a renewed and active registration gives you strong legal grounds to file infringement actions and defend your brand.

Opens Doors for Licensing & Franchising

An active trademark is essential if you plan to license your brand or offer it as a franchise. It gives assurance to partners that your brand is legally secure.

Sustains Brand Value and Market Trust

A consistently renewed trademark reflects professionalism, long-term commitment, and a serious brand-building mindset all of which increase brand equity.

Documents Required for Trademark Renewal

  • To initiate the renewal process, the following documents are typically required:

    • Duly filled Trademark Renewal Application (Form TM-R)

    • Copy of the Trademark Registration Certificate

    • Copy of the originally filed Trademark Application (Form TM-A)

    • Valid ID and address proof of the applicant

    • Power of Attorney if the application is being filed by an agent or legal representative

How to Renew a Trademark in India: Step by Step

  1. Submit the Application

    File Form TM-R either online via the official IP India portal or physically at the Trademark Office. An authorized agent can also assist in filing.

  2. Application Review by Registry

    The Registrar examines the application to ensure all formalities are complied with.

  3. Publication in the Trademark Journal

    If the application is accepted, the renewal is advertised in the official journal for public record.

  4. Issuance of Renewal Certificate

    Once approved and unopposed, the Registrar issues a certificate confirming the trademark’s validity for another ten years.

What If You Miss the Deadline? Restoration Process

In case the trademark is not renewed within the six-month grace period, it is removed from the register. However, there’s still a way to get it back.

  • You can file for restoration between six months and one year from the expiry date.

  • The application must be supported with an affidavit explaining the delay.

  • Applicable restoration and renewal fees must be paid along with the form.

The Registrar reviews the case and, if satisfied, may restore the trademark and grant renewal.

Government Fees for Trademark Renewal in India

  • Trademark Renewal (Form TM-R)

    • ₹9,000 – E-filing

    • ₹10,000 – Physical filing

  • Trademark Renewal with Surcharge (within 6 months after expiry)

    • ₹9,000 + ₹4,500 – E-filing

    • ₹10,000 + ₹5,000 – Physical filing

  • Trademark Restoration (6 months to 1 year after expiry)

    • Same form: TM-R, with restoration request

    • Fee: ₹9,000 or ₹10,000 (as above) + surcharge

A trademark is more than just a legal right it’s the face of your brand in the marketplace. But that protection only lasts as long as you maintain it. Timely renewal is not optional; it’s essential.

Let your brand stand the test of time not get lost in the fine print of missed deadlines. Make trademark renewal a priority. Because in branding, forgetting can be expensive.

 

Need guidance with renewing your trademark?

Let IP Master help you renew and protect your brand the right way.

Author: Siju Rajan
Registered Trademark agent

WhatsApp: +91 7012431293

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