Securing a trademark registration is an important first step, but the “set it and forget it” mentality is risky. Protecting your trademark with appropriate renewal is crucial to maintaining long-term brand protection and market exclusivity.

This blog will take you through the entire trademark renewal and maintenance process. A trademark registration is the most valuable asset your brand has as it protects your identity; however, the protection does not last indefinitely. In India, under the Trade Marks Act, 1999, a trademark is valid for 10 years from the date of registration. Most businesses overlook this 10-year timeline, only to find out that their protection expired once it is too late. Not renewing means that your exclusive rights are lost, which in turn allows a competitor to start using your mark. Not only will that hurt your reputation, but it will potentially ruin everything you have worked for to build that reputation. This blog will assist you with the entire process, including the simplified trademark registration online procedures.

When Renewal is Due

The validity of a trademark is 10 years starting from the date of registration. To avoid any lapse in protection, the renewal window opens generously early to accommodate any delays. According to the Trademark Rules, 2017, you can file the renewal application (Form TM-R) up to one year before the expiry date of the trademark registration.

Although the Registrar is mandated by law to send a notice six months before the expiry date, the trademark proprietor ultimately is the one responsible for tracking deadlines and filing for renewal. Starting the trademark registration renewal process at least six months before the expiration date is a best practice and highly recommended.

You are allowed a six-month grace period after the renewal date of your trademark registration; however, this will involve significant additional fees. It is never a good idea to wait until the last minute; the most secure way to maintain trademark registration is to be proactive.

Renewal Fees

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Renewal fees for trademark registration depend on the mode of filing, as the government continues to incentivize trademark registration online with a discount for e-filing.

On-Time Renewal (Filed before expiry):
Online Filing (e-filing): ₹9,000 per class
Offline Filing (Physical): ₹10,000 per class
Late Renewal (Filed within 6-month grace period after expiry):

When filing within this six-month grace period, you will be charged a late penalty surcharge on top of the standard renewal fee.

Online Filing: ₹9,000 (Renewal) + ₹4,500 (Surcharge) = ₹13,500 per class
Offline Filing: ₹10,000 (Renewal) + ₹5,000 (Surcharge) = ₹15,000 per class

When you don’t file within this grace period, the mark will be removed from the register. It can be restored only with the complex and expensive "Restoration" process, which is only available for one year from the expiry date. This illustrates the financial importance of timely trademark registration management.

Renewal Process

The process for renewing a trademark registration online is a systematic way to verify your continued rights over the mark.

Step 1: File Form TM-R You will be required to file the application for renewal on Form TM-R. It is best to do this online through the IP India e-filing portal, as indicated by the Indian Trade Mark office this is the preferred route for completing trademark registration online. However, the offline option is also available.
Step 2: Submit Required Documents Along with Form TM-R you will need a copy of the original Trademark Registration Certificate and a Power of Attorney (Form TM-48) if you are using an authorized agent, like Lawfinity, to file on your behalf.
Step 3: Pay the Renewal Fee You will also need to pay the prescribed filing fee. In order to have the renewal process completed in a timely manner, the filing fee is ₹9,000 per class for trademark registration online renewal.
Step 4: Trademark Office Review (Scrutiny) Once the application is submitted, the Trademark Registrar evaluates the application. The examiner ensures that the information is accurate, the fee has been paid, and that there are no pending disputes or objections related to the mark.
Step 5: Publication in the Trademark Journal After the Registrar approves the renewal, the renewed trademark status is published in the official Trademark Journal. This publication acts as a public notice that you have retained ownership and protection of the mark has been extended.
Step 6: Receive the Renewal Certificate Lastly, the Trademark Registry will provide a Trademark Renewal Certificate. This represents your official proof of registration for the trademark that the trademark has been renewed and remains valid for another 10 years from the renewal date.

Even if the trademark registration online process appears to be easy, small mistakes in the application, like having the wrong details can cause delays or even rejections.

Lawfinity’s Renewal Assistance

As your business grows or hold multiple trademarks, it can become complicated and time consuming to manage your trademark registration portfolio. At Lawfinity, we try to ease the burden of the renewal process by acting as your professional partners so that you can be sure that your trademark/brand remains continuously protected.

The renewal services that we offer include:

Proactive Deadline Tracking: We keep precise documentation on all of your trade mark portfolio. Our systems provide automated alerts in advance from any expiration date to ensure you never miss a deadline.
Error-Free Filing: Our lawyers manage every step of the trademark registration online filing of Form TM-R. We ensure correctness of each element in order to avoid unnecessarily expensive delays and/or possible rejections from the Trademark office.
Strategic Portfolio Management: Our trained professionals work with you periodically on assessing your trade mark registration portfolio to assist which marks are still in use and relevant to your business objectives, helping you budget effectively.
Prompt Office Action Responses: In the rare occasion of the Trademark Office raising any objections during the review, our team is prepared to draft and file prompt, professional responses to resolve the issue.

Let Lawfinity handle the management of your trademark registration maintenance while you focus on what you do best i.e. building your brand.