Trademark Renewal is the process of maintaining the legal protection of a registered trademark by extending its validity. In India, trademarks are registered under the Trademarks Act, 1999, which provides a 10-year protection period, renewable indefinitely every 10 years. Renewal ensures that the trademark remains exclusive and continues to provide legal protection to the brand.
Suppose the renewal fee is ₹5,000 and the applicant delays renewal by three months post-expiration, incurring a surcharge of 50%. The total cost would be:
| Criteria | Trademark Registration | Trademark Renewal |
|---|---|---|
| Purpose | Protects a new brand or logo | Extends the protection of an existing trademark |
| Validity | 10 years from registration date | 10 years from renewal date |
| Application Form | Form TM-A | Form TM-R |
| Required by | New businesses or brands | Existing trademark holders |
| Risk of Non-Compliance | Loss of exclusive rights if not registered | Trademark removal from register if not renewed |
| Restoration Possibility | Not applicable | Restoration possible within one year of expiry |
These FAQs cover essential details like eligibility, required documents, process steps, and benefits. It helps clarify common queries about setup, compliance, costs, and timelines.
Trademarks must be renewed every 10 years from the date of registration. The renewal can be filed as early as six months before expiration and up to six months post-expiration with an additional surcharge.
If not renewed within six months post-expiration, the trademark may be removed from the register. However, restoration is possible within one year of expiration, subject to an additional fee.
Yes, restoration is allowed under Section 25(4) of the Trademarks Act, 1999, permitting the trademark to be restored within one year of the expiry date, subject to an additional fee.
The renewal fee varies based on the trademark class and filing method. For individual applicants, the fee is ₹5,000 per class, while for companies it's ₹10,000 per class.
Only the registered owner or a legally authorized agent can apply for renewal. If you're not the owner, you need a power of attorney document to file the renewal application.
If the renewal application is rejected, you can file an appeal with the Intellectual Property Appellate Board (IPAB) within 60 days of the rejection order.
The renewal application typically takes 2-3 months to process after submission, provided all documents are complete and fees are paid correctly.
Yes, after successful renewal, the Trademark Registrar issues a renewal certificate confirming the extended protection for the next 10 years.
Trademark renewal is an essential process to ensure continuous legal protection of your brand identity and to maintain exclusive rights in the marketplace. At Asktrix, we assist clients through every step of the renewal process, providing guidance on compliance under the Trademarks Act, 1999, and ensuring that their intellectual property rights remain safeguarded.