Trademark renewal is a crucial part of your business. Once you register a trademark it is valid for 10 years, After that you have to renew it to keep your legal rights.
Recent data shows that India is ranked 4th in the world for trademark filling and almost 90% of the fillings are done by Indians.
In this blog, we will explain to you every detail about Trademark renewal online in India including the application process, fees, and documentation.
What Do You Mean By Trademark Renewal?
Trademark renewal is a process done by business owners or agencies to maintain their legal protection of their brand identity including logo, name, etc.
This is done by filling out a trademark renewal form (TM-R) which includes some certain amount to pay to the trademark registry before it expires.
Typically the validity of a trademark in India is about 10 Years as per the Section 25 in the Trade Marks Act, 1999.
But it can be renewed for another 10 years if you have proper documentation and the required criteria.
Trademark Renewal Application Process
Here is the clear and concise step by step guide to trademark renewal application as follow:
Step 1: Verify Trademark Details & Timelines
The first act you should do is verify that your trademark is still in force and has not expired before you start the renewal process.
One of the sources from which you can get the information of the status of your trademark is the official trademark database such as the USPTO on your country’s trademark office.
Step 2: Required Documents
Gather the following:
- Form TM-R: Application for renewal.
- Trademark Registration Certificate: Proof of existing registration.
- Form TM-A: Copy of the original application.
- ID and Address Proof: Of the trademark owner.
- Power of Attorney: If filed by an agent or attorney.
- Form TM-18: Affidavit, if restoration is needed.
Step 3: File the Renewal Application
You can apply online via the IP India portal or submit a physical application at a Trademark Registry office.
Here are the trademark renewal fees explained:
| Renewal Type | E-Filing Fee (₹) | Physical Filing Fee (₹) |
| Regular Renewal | 9,000 | 10,000 |
| Late Renewal | 13,500 (9,000 + 4,500) | 15,000 (10,000 + 5,000) |
| Restoration | 18,000 (9,000 + 9,000) | 20,000 (10,000 + 10,000) |
Note: Additional legal or service provider fees may apply depending on the service chosen.
Step 4: Monitor Journal Publication
Once the application is accepted, it will be published in the Trademark Journal.
- There is a 4-month window during which others can oppose your renewal.
- If no opposition is filed (or it is resolved), the process moves forward.
Step 5: Receiving the Renewal Certificate
If no opposition exists, or there is successful resolution of any opposition, the renewal certificate will be issued by the trademark office, extending trademark protection by ten years.
It will be necessary to keep this certificate in safe custody and will also have to be noted for the next renewal window for continuous protection.
Major Benefits of Trademark Renewal in India
Here are some important trademark renewal benefits as follows:
- Retain Your Legal Rights – The renewal of your trademark is a guarantee that you are entitled to the legal usage of the brand name or a brand logo.
- Brand Protection – It prevents others from using a similar name or logo and safeguards your image as a brand.
- Monetary Worth – The renewal of a trademark is an asset to your company, particularly when you are considering selling it or the business is growing.
- Legal Safety – Your trademark is protected, enabling you to take legal action easily in case of infringement.
- No Re-Registration – Through brand renewal, you have saved not only time and money but also the hassle of reapplying for a new trademark.
- Customer Trust – If a brand’s trademark is both protected and in force, it proves to customers that this is a reliable and honest brand.
Filing a Trademark Renewal in Guwahati
The trademark renewal process in Guwahati follows the standard procedure set by the Indian Trademark Office.
Both renew your trademark application online at the IP India website or submit papers at the local registry physically.
To avoid late renewal fees or restoration fees, trademark renewals must be made before the expiration date.
For professional trademark-related services in Guwahati, you can contact Regible Corporate Advisor LLP.
Final Words
If you do not want to lose your trademark then you must fill an online application for trademark renewal before it gets too late. In the process if you feel any discomfort and you are having second thoughts in your mind then i must recommend consulting with a professional like Regible Corporate to help you in every step possible.
Frequently Asked Questions:
What is Section 25 of the Trademark Act, 1999?
Section 25 of the Trade Marks Act, 1999, mandates registration of a trade mark for ten years, which could be further extended by another ten years.
What happens if I miss the renewal deadline?
No need to worry If you miss the deadline, simply within 6 months post expiration with some additional charge.
How much time does the trademark renewal process take?
It usually takes 3 to 6 months to complete the process totally depending on the proper documentation and workload.
What are the fees for trademark renewal in India?
The fees may vary depending upon the situation, it is better to consult an agency to get a proper quote.
Can I file the trademark renewal form online?
Yes absolutely you can file the form online, just follow the above process and you can do it by yourself.
