Trademark Renewal in India

Trademark Renewal involves extending the registration term of a trademark by submitting the TM-12 form along with the required fee. This renewal can be done periodically and without any time limit, ensuring continuous protection for the trademark. In India, the initial renewal term is for 10 years, and thereafter, it can be renewed indefinitely as long as the renewal fees are paid on time.

Each Trademark renewal is valid for a period of 10 years. Failure to renew the trademark within the specified timeframe makes the mark susceptible to removal. Therefore, timely renewal is crucial, especially when managing a portfolio of trademarks, as there can be severe and irreversible consequences for missing the renewal deadline.

Trademark renewal plays a central role in Trademark Management as it safeguards the graphical representation and identity of a business from potential infringement. To request renewal, one can file within six months before the expiry of registration or renewal.

Before the expiration of the last registration of a trademark, the Registrar will send a reminder notice to the registered trademark owner, detailing the payment conditions. If the registration requirements are not met, the Registrar may remove the trademark from the register.

However, there’s no need to worry, as trademark renewal requests can also be filed within six months after the expiry of registration or renewal, subject to the prescribed process and late filing fees. By adhering to these procedures, businesses can ensure the ongoing protection of their valuable trademarks.


Eligibility Criteria for Trademark renewal

The eligibility criteria for Trademark renewal are as follows:

Trade Mark Renewal can be in two ways:

  • One can apply for renewal to change any sign or words in the existing trademark or
  • One can apply for renewal without any change.


Documents Required for Trademark renewal

To file the renewal application of a registered trademark, the applicant, along with the renewal application form TM-12, must submit the following documents to the Registrar of Trademarks (RoT):

  1. Certified copy of the concerned trademark registration certificate.
  2. Certified copy of the form TM-A used for the trademark registration application.
  3. Proof of Identification of the applicant.
  4. Proof of Residence of the applicant.
  5. Power of Attorney if the applicant is an authorized representative of the trademark owner.


Trademark Renewal processing Fee

There are two ways to submit an application for trademark renewal. The applicant can either visit the official premises of the concerned department or apply for Trademark renewal online at the official website. Both options are available to the applicant. The license renewal fee varies with the application mode.

  • If the application is filed physically, the trademark license renewal cost is ten thousand rupees.
  • If the application is filed online, the trademark license renewal cost is nine thousand rupees.

As you can see that the online renewal application fee is cheaper, it is recommended to file your renewal application online. This is done so to take these registration processes online.


Trademark Restoration

After ten years, if the trademark is not renewed, the person still has the option of trademark restoration. The restoration is similar to the renewal process, but the applicant has to pay an additional fine for crossing the expiry date.