A trademark is used by a business to differentiate its products or services from other similar products or services offered by another business. The trademark symbols, labels, logos and names include a symbol of "R" at the end. The registration of a trademark can be performed under the Trade Marks Act, 1999. If the trademark is found hateful, non-distinct and includes government signs, it cannot be registered.
According to section 25 in the Trade Marks Act, 1999, the validity period of trademark in India includes a period of 10 years. The registered trademark can be renewed for another 10 years with proper documentation and satisfying the necessary conditions.
Duration for renewing a Trademark
According to rules 57 and 58 in Trade Mark rules 2017, the renewal can be filed within 1 year before the date of expiry.
According to rules 63 and 64 in Trade Mark rules 2002, the renewal can be filed within 6 months before the date of expiry.
The renewal can also be filed within 6 months since the date of expiry.
In order to renew a Trademark, the following forms should be offered along with the prescribed fee :
|Form No.||Purpose||Cost of physical filing||Cost of e-filing|
|TM-R||Application form to renew a registered trademark to be used by the registered owner||As per govt. fee||As per govt. fee|
|Application to renew with a surcharge of registration of a Trademark||As per govt. fee||As per govt. fee|
|TM-18||Affidavit supporting the statement of the case|
Applications can be filed by the following members in order to renew or restore the trademark :
The owner of the registered trademark
An agent related with the registered trademark
It is possible to have a flawless trademark protection without any possibilities of legal action. Renewal of trademarks prevents the trademark owner from someone who wants to claim rights over the trademark.
Expansion of Ownership Rights
One can get protection from violation of rights over the brand name. The exclusive rights over the trademark are increased for 10 years after each renewal. Therefore it offers a permanent protection to the brand and its goodwill made by the business.
Brand Name Security
Trademark renewal guarantees continuous and unlimited protection of the brand name. Failure of renewal causes lapse of legal protection in Brand name.
A trademark owner possesses the exclusive rights to assign or license the trademark to someone else for some financial return. Therefore, one can get benefits from a registered trademark too.
Proof of Applicant - Certificate of registration (other than Individual applicant), Address Proof and PAN Card of Applicant
TM Certificate - Trademark registration certificate
Power of Attorney - It permits the attorney filing the trademark renewal application on your behalf
Copy of TM-A - The application filed for registration is to be produced
The trademark renewal procedure can be performed in 2 methods -
Application for renewal in order to change any words or sign in the existing trademark or
Application can be filed otherwise without a modification in trademark
Let us know the procedure of trade renewal in detail :
An application for renewal is to be made in form TM-R
Filing of the application can be done by either registered proprietor of the trademark or an agent approved by him
It is recommended to take help of any expert in order to file for renewal of a trademark. This way your trademark will be well protected.
Filing for a renewal application for trademark increases its lifespan for another 10 years without any interruption provided that your trademark must be renewed again before it gets expired.
Once trademark renewal application is filed, it is essential to check the status of your application at regular intervals until it gets processed by the registrar.
The Trademark Journal includes an official gazette of the Trademark registry that manages the application status.
Thus, when you choose renewal, keep in mind that this procedure should start 3 to 6 months before the expiry of the trademark. You need to file Form-18 with the requisite fees that should be paid for the renewal. Once filing of the application is done, the application is reviewed for quality before it gets the authorization for renewal.
If you failed to renew your trademark, then you can apply for restoration. You can apply for restoration by submitting an application and paying the recommended fee under section 25(4) of the Trademark Act, 1999. Though, this can only be performed within 1 year of the expiry of the trademark. The registrar will consider the circumstance keeping in mind the interest of the other parties doesn't get violated. Once filing of restoration is done, the registrar will publish it in a journal. If there are no objections from the third party then the proprietor will acquire it back.
As soon as you get the registration in Trademark, your company will be protected from getting violated your trademark. However the benefits will be continued if the trademark will be renewed from time to time.
Power of attorney
An ID and address proof of the applicant
A copy of the registration certificate
Copy of TM-A (trademark application)
If you fail to file your trademark renewal, then you can still perform the trademark renewal anytime within 6 months since the expiry of the earlier period. Trademark renewal application can be filed with form TM-R with the recommended late fees for renewal.
What is the trademark registration and trademark renewal?
Trademark Registration involves a long procedure that needs a number of documents and more time as compared to renewal. A renewal is mainly for continuing the ownership and usage of the trademark, while registration is the first procedure to acquire exclusive ownership of the trademark. The trademark needs to be renewed after completion of each 10 years.