Introduction

A trademark is more than a logo — it’s the face of your brand. In India, trademarks are registered under the Trade Marks Act, 1999. Registration lasts 10 years and must be renewed to maintain protection. Missing renewal deadlines can lead to loss of exclusivity, infringement risk and expensive legal fights.

In this guide we cover the legal framework, step-by-step renewal process, timelines, fees, consequences of non-renewal and how RegistrationMART can help you stay protected.

Legal Framework for Trademark Renewal in India

Why Timely Renewal Matters

1. Continuous Legal Protection: Renewal preserves exclusive rights and enforcement power.
2. Protects Reputation: Prevents competitors from exploiting your identity.
3. Indefinite Ownership: Trademarks can be renewed forever with successive 10-year terms.
4. Commercial Asset: Regular renewal maintains the trademark’s value for licensing or sale.
5. Avoids Complications: Restoration or re-registration is costly and risky.

Trademark Renewal Process (Step-by-step)

1. Check Status: Verify renewal due date (renew within 1 year before expiry).
2. Prepare Application: File Form TM-R with prescribed fee. Supporting documents may include authorization letter, identity & address proof, and registration certificate copy.
3. Submit: File online or at the appropriate Trademark Registry Office (Mumbai, Delhi, Kolkata, Chennai, Ahmedabad).
4. Examination: Registrar examines the application and if proper, renews the mark.
5. Journal Publication: Renewal may be published in the Trademark Journal to invite opposition (if any).
6. Renewal Certificate: On approval, a Renewal Certificate is issued and protection is extended for another 10 years.

Timelines & Grace Periods

• Normal renewal: File within 1 year before expiry.
• Grace period: Apply within 6 months after expiry with a late fee.
• Restoration: Between 6 months and 1 year after expiry restoration is possible with additional penalties.
• If not renewed or restored within these windows, the trademark may be removed permanently.

Fees for Trademark Renewal

Note: Fees shown are as per Trade Marks Rules, 2017. Confirm current fees with the Registry or with RegistrationMART before filing.

Consequences of Not Renewing

• Loss of exclusive rights; inability to sue infringers.
• Risk of competitor registering a similar mark.
• Damage to goodwill and brand value.
• Higher costs and legal hurdles for restoration or re-registration.

Case Study

A well-known FMCG brand once missed renewal and counterfeiters quickly filled the gap. Consumer confusion, reputation damage and expensive litigation followed — illustrating why renewal is as critical as registration.

How RegistrationMART Helps

Get Help with Renewal — Contact RegistrationMART

Practical Tips for Owners

• Maintain a renewal calendar and reminders.
• Ensure registration under correct class(es).
• Use the mark actively to avoid non-use cancellation.
• Consider trademark watch services for early detection of conflicts.
• Engage professionals like RegistrationMART for hassle-free compliance.

Frequently Asked Questions

When should I file for renewal?

File within one year before the expiry date. Renewal can also be filed up to 6 months after expiry with additional fees, and restoration up to 1 year with penalties.

What is Form TM-R?

Form TM-R is the prescribed application for renewal of a registered trademark in India.

Can a trademark be renewed indefinitely?

Yes. Once renewed, a trademark enjoys protection for another 10 years and can be renewed indefinitely at 10-year intervals.