Trademark Renewal

Trademark renewal in India is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. Section 25 of the Act provides that a registered trademark is valid for 10 years from the date of registration and may be renewed for further periods of 10 years each. The renewal process is prescribed under Rule 57 of the Trade Marks Rules, 2017.

The Controller General of Patents, Designs and Trade Marks (CGPDTM), commonly known as the Indian Patent Office or IP India, administers trademark renewals. The official portal is www.ipindia.gov.in. All renewal applications are filed electronically through the IP India website.

The renewal process involves the following steps:

1. Check Renewal Due Date: Trademark renewal can be filed within six months before the expiry date.
2. File Form TM-R: Submit Form TM-R online via the IP India portal along with the prescribed fee.
3. Pay Renewal Fee: The fee depends on the number of classes and whether filed online or offline.
4. Receive Renewal Certificate: After processing, the Registrar issues a renewal certificate confirming the extension.

If the renewal is not filed before expiry, a surcharge applies for late renewal within six months after expiry. After that, the mark is removed from the register but can be restored within one year.

The primary form for trademark renewal is Form TM-R. This form is used for both renewal and restoration of a trademark. No other forms are typically required unless the trademark has been removed and restoration is sought, in which case Form TM-R is also used with additional surcharge.

Any person who is the registered proprietor of a trademark can apply for renewal. The trademark must be currently registered and not removed from the register. If the mark has been removed due to non-renewal, restoration is possible within one year from the date of removal, provided the Registrar is satisfied that the non-renewal was unintentional.

The renewal process is procedural and depends on the Registrar's office. No specific timeline is provided by law. However, the renewal application can be filed up to six months before expiry. Late renewal with surcharge is allowed within six months after expiry. Restoration can be sought within one year after removal.

The government fees for trademark renewal are prescribed under the Trade Marks Rules, 2017. The following table shows the official fees (in INR) for renewal per class:

Note: Fees are subject to change. Always check the latest fee schedule on the IP India website.