Trademark renewal

by varun · Published February 3, 2021 · Updated December 24, 2021

Trademark is an intellectual property created by firms for their products and services. A brand is built over many years of efforts on part of firms and its stakeholders including owners, employees, vendors etc. This brand equity is needed to be protected from infringement and copying. In modern times, your products and services are identified by their names and logos. Trademarks are a perfect way to protect a brand equity from external risks.

You can have a look at the detailed guide on Trademark registration process in india. In this article, we would discuss in detail about the process of trademark renewal in India. Meanwhile, you can have a look at detailed guide on IPIndia trademark search guide and following topics related to trademark on our portal-

You can also download our free PDFs on Trademark public search in India FAQs – Part 1 and Trademark public search in India FAQs – Part 2

Validity of a trademark

A trademark remains valid for a period of 10 years in India. However, a registered trademark can be renewed for a period of further 10 years with valid documentation and meeting validity criteria.

Preferably, a trademark should be renewed well before the expiry date of a trademark. It is advisable to fill trademark renewal application form at least 6 months before expiry date.

Difference between trademark renewal and trademark registration

Trademark registration is done for a fresh trademark. It is a lengthy process which also involves trademark search and filing of trademark application along with relevant documents. However, trademark renewal is done for renewal of an existing trademark. It is a relatively simpler process with less documentation.

Trademark renewal

The renewal for trademark can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017. In case, if a company forgot to renew their trademark then the trademark becomes liable to be removed and a tedious process of trademark restoration would be required.

Renewal applications can also be filed within 6 month of expiry date as per rules 63 and 64 in Trade Mark rules 2002. However, if you forgot to renew a trademark even after expiry date then renewal can also be filed within six months after the date of expiry. Though, it will also attract late submission penalties on part of applicants.

Before expiry of a trademark, the registrar will send a reminder to the trademark holder regarding expiration of trademark and conditions as to the payment of fees. If registration for a trademark renewal is not received within the prescribed time limit then the registrar can remove the trademark from the trademark registry.

Trademark renewal fee

Following forms must be completely filled along with relevant fee for trademark renewal-

Form No.	Purpose	Cost	Cost
Form No.	Purpose	(physical filing)	(e- filing)
TM-R	Application form for renewal of a registered trademark to be used by the registered proprietor	Rs.10,000	Rs.9000
TM-R	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	–

Who can file trademark renewal?

The proprietor of the registered trademark
An agent associated with the registered trademark

Trademark renewal process in India before expiry

The renewal for trademark can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017. Trademark registrar will send a reminder for renewal of the trademark along with required documents. Trademark renewal request can be made in two ways-

Renewal of trademark with some modifications in trademark
Trademark renewal with no modification in trademark

Trademark holders/proprietors can make trademark renewal requests with form TM-12. This application can also be made by any officer approved by the trademark holder. Post submission of application for renewal, trademark holders should regularly get an update on trademark application status as it can change anytime and may require some action on proprietor’s part. Thus, it is very important to check for status regularly.

If the Trademark Examiner decides that the application is valid, the trademark will be advertised in the Trademark Journal. During advertisement, third parties have the ability to object against trademarks. If no objection is received then the trademark would be registered on trademark registry.

Trademark renewal process in India post expiry

This application can be filed only if one year from the date of expiration of the trademark has not expired. Trademark holders/proprietors can make trademark renewal requests with form TM-13. This application can also be made by any officer approved by the trademark holder.