Trademark Renewal Legal Process in India

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The validity of a trademark registration in India lasts for 10 years. After this period, it can be renewed from time to time. Trademark renewal protects the exclusive rights that come with a registered mark. If the owner fails to renew the trademark, they lose all the legal protections that registration provides. For example, a registered trademark carries the benefit of the legal presumption of ownership, meaning the burden of proof shifts to anyone seeking to challenge that ownership.

How to File a Trademark Renewal in India

All registered trademarks must be renewed every 10 years to avoid removal from the register. It is essential to track renewal deadlines carefully and act in advance to prevent any lapse in protection. The process involves three key steps:

Prepare Form TM-R: To renew a trademark, complete Form TM-R. The application must be filed by the same person or entity in whose name the trademark is registered. Accuracy at this stage helps avoid complications later.

Pay the Required Fees: After submitting the form, pay the applicable government fees. Renewal fees are charged per class at ₹5,000 per class.

Track the Application: After filing Form TM-R and paying the fees, monitor the application status regularly to confirm successful processing of the renewal.

Trademark Renewal Period in India

Trademark protection in India runs in 10-year cycles. Renewal must be completed either six months before or six months after the expiry date shown on the registration certificate. As of 2026, this 10-year cycle remains unchanged under the Trade Marks Act, 1999.

Documents Required for Trademark Renewal

• Completed application form
• Power of Attorney (if filed through an agent)

Benefits of Trademark Renewal

Renewing a trademark grants the owner several statutory rights. These include the presumption of ownership, the ability to sue for infringement, and the right to claim damages. A registered trademark can also be licensed or assigned to third parties, giving it significant commercial value.

Step-by-Step Guide to Renewing a Trademark

A registered trademark remains valid for 10 years. The Trade Marks Registry issues an official renewal notice six months before expiry. When renewing, owners may choose to renew the mark in its existing form or with permitted amendments.

1. Submit Form TM-R, which can be filed by the registered owner, an authorised agent, or a representative.
2. After filing, check the application status for any objections or requirements.
3. Once accepted, the renewal is advertised in the Trade Marks Journal.
4. Upon publication, the trademark receives protection for another 10 years.
5. The mark can be renewed indefinitely every 10 years.

Renewal fees depend on the filing method:

• Physical filing: ₹10,000
• Online e-filing: ₹9,000

Additional documents typically required include:

• Copy of the original registration certificate
• Copy of the initial trademark application form
• Proof of identity and address of the applicant
• Power of Attorney (if an agent is involved)

Restoration of a Lapsed Trademark

If a trademark expires without renewal, restoration remains possible under Section 25(4) of the Trade Marks Act, 1999. The owner may apply for restoration within one year of expiry, allowing the mark to be reinstated and protected once again.

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