Documents Required

Form-48

Trademark Renewal

A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, 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 procedures to the renewal and restoration of trademarks in this article.

Renewal of a Trademark

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.

Forms

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 - -

Restoration of a 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 - -
The following members can file the applications for renewal or restoration
The proprietor of the registered trademark
An agent associated with the registered trademark

5200+

Projects done

15500+

Happy clients

14000+

Income Tax

746+

Incorporation

Trademark vs Copyright vs Patent

Trademark Patent Copyright
What’s protected Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for protection A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. A fresh, valuable, and unusual invention is required. A work must be unique, original, and created in a tangible manner.
Term of protection As long as the mark is used in commerce. 20 years Author’s life span+ 70 years.
Rights Granted Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. Right to restrict others from manufacturing, selling, or importing the patented invention. Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.

Trademark Renewal FAQ's

What is a trademark?
A trademark is a specific sign capable of graphical representation which can differentiate the goods or services of one enterprise from those of other enterprises. This can include a name, word, phrase, logo, symbol, design, image, or a combination of these elements. It's essential for protecting a brand's unique identity in the marketplace.
Why is trademark renewal important?
Trademark renewal ensures the continued protection of the brand's unique identity in the market. Without renewal, the rights to the trademark can be lost, meaning others could potentially use the trademark without facing any legal consequences. Renewal preserves the brand's exclusivity, legal status, and market position.
How often do I need to renew my trademark?
Trademarks need to be renewed every ten years. It's important to note the expiration date of your trademark to avoid lapses in protection.
Is there a grace period for trademark renewal?
Yes, there is a six-month grace period after the initial ten-year validity during which the owner can still renew the trademark. This offers flexibility and a safety net for trademark owners who might miss the initial deadline.
What happens if I don't renew my trademark within the grace period?

If a trademark isn't renewed within this grace period, the Registrar will announce the trademark's removal in the official Trademark Journal, leading to a loss of all the rights and protections associated with that trademark.

How can I initiate the renewal process?

To renew, you need to submit a formal application to the Registrar of Trademarks. This application must adhere to the set guidelines, be submitted within the given time frame, and be accompanied by the necessary renewal fee.

Are there different methods to renew a trademark?
Renew with alterations: This allows updating or changing parts of the current trademark during the renewal process.
Renew without alterations: This simply extends the trademark's validity without making any changes to it.
What if my trademark lapses after the ten-year duration?

If a trademark expires and isn't renewed, owners can still restore it. This requires undergoing a restoration process which is similar to renewal, but with an additional penalty fee due to the delay.

What benefits does renewing a trademark offer?
Continuous legal protection against unauthorized uses.
The right to seek damages in cases of trademark infringements.
The ability to transfer or license the trademark to third parties, adding financial value.
Ensuring the owner retains the exclusive rights to the trademark, thereby preserving its unique market identity.
What is the filing deadline for trademark renewal?

The renewal application should ideally be initiated six months before the trademark's expiration. Although renewal is possible up to a year before expiration, aiming for the six-month mark provides a safety buffer.