How to Renew a Registered Trademark

How to Renew a Registered Trademark – A Step-by-Step Guide. Trademarks are the most valuable intangible assets businesses have. It protects any logo, symbol, word, or combination of words, symbols, and numbers that give a business a distinct identity. The registration of a trademark is valid for a period of ten years (10 years) from the date of application. However, a trademark can be renewed from time to time for indefinite period. Failure to renew the trademark can result in trademark removal from the Register, and the trademark proprietor’s right to sue for trademark infringement is also abolished. Any other entity can then register the mark for its own use. 
Hence, a trademark renewal is just as important as trademark registration and it should be done within the given time frame. In this article, we will discuss the meaning of trademark renewal, its benefits, renewal process, and a lot more.
What is Trademark Renewal?
Trademark renewal is the process by which a company extends its rights to use and protect its trademark. It basically reaffirms to the Trademark Registry that the company is still using the trademark and wishes to continue its protection.
If the conditions for renewal are not complied with by the expiration of the prescribed time, the Registrar may remove the trademark from the register.
Prior notice as to renewal of trademarks:
The Registrar shall send a notice in Form RG-3, not more than six months before the expiration of registration of trademark, at the address of service informing the registered proprietor of the approaching expiration of registration of trademark and the condition as to the renewal of trade mark.
Benefits of Trademark Renewal

Continuation of Brand Protection: A trademark renewal extends the brand protection for another ten years, and prevents competitors from using similar marks that could dilute the brand's identity in the marketplace.

Preservation of Exclusive Rights: Trademark registration grants the owner exclusive rights to use the mark for specific goods or services. By renewing the trademark, the owner retains these exclusive rights.

Brand Value: Consistent trademark renewal demonstrates a long-term commitment to the brand. This can enhance the perceived value of the brand among consumers, investors, and business partners. A long-standing, protected trademark is often seen as an indicator of brand stability and market presence.

Prevention of Trademark Removal/Abandonment: Failure to renew a trademark can result in trademark removal from the Register. This means the loss of trademark rights, allowing others to use or even register the mark. Regular renewal helps prevent unintentional abandonment and maintains the owner's rights.

Licensing and Franchising: An active trademark registration is beneficial to organisations seeking to expand through trademark licensing or franchising. Licensees and franchisees are more likely to enter into agreements with brands that have kept their legal protections since it reduces risk and ensures the brand's long-term worth.

Documents Required for Trademark Renewal
The documents required for trademark renewal are:

Trademark Renewal Application Form, i.e., Form TM-R.

Trademark Original Application Form: It is the application form that was submitted when the trademark was first registered.

Trademark Registration Certificate: This is the official document issued by the Trademark Registry that confirms the registration of a trademark. It contains important details such as the registration number, date of registration, and the goods or services covered by the mark.

Proof of Applicant’s Identity and Address

Authorization Letter (POA): If the renewal application is being filed by someone other than the trademark proprietor (such as a trademark attorney or agent), an authorization letter is required.

Process for Trademark Renewal
Trademark registrations in India are valid for 10 years from the date of application. The renewal process should ideally be initiated before the expiration of this 10-year period. The renewal application can be submitted at any time within one year before the expiration of the current registration period.

Renewal Application: An application for renewal of registration of trademark shall be made on Form TM-R along with supported documents such as trademark original application form, registration certificate, etc.

File the application: Submit the application to the Registrar of Trademarks. Pay the prescribed fee INR 10,000 for physical filing; and INR 9000 for E-filing.

Notice and Advertisement: The Registrar reviews the renewal application and if the application is approved, it is advertised in the Trademark Journal.

Upon publication and resolution of trademark opposition, if any, a renewal certificate is granted to the applicant. And the trademark is renewed for the next ten years. This ten-year period starts from the date of expiration of the original registration or the last renewal, whichever is applicable.

Grace Period for Renewal
If a trademark owner fails to renew their mark before the expiration date, Indian Trademark System provides a 6-month grace period. This grace period starts immediately after the expiration date of the trademark registration and lasts for 180 days (approximately 6 months). Renewals filed during the grace period are subject to additional fees or surcharge, which is INR 5000 plus renewal fee applicable for physical filing; and INR 4500 plus renewal fee applicable for E-filing.
Hence, trademark renewal is just as important as trademark registration. For this reason, it is advised that one seeks professional assistance for all these processes. Any missed deadline can be a significant blow to one's brand protection and intellectual property rights. That is why timely trademark renewal is very important as it might get difficult to restore the trademark once it is removed from the Register.
At Compliance Calendar LLP, we specialize in simplifying the trademark renewal process to ensure your valuable trademark remains protected. Our team of experienced Trademark Attorneys and IP Experts is dedicated to guiding you through every step of the renewal procedure. We begin with a quick call to understand your specific trademark portfolio and renewal needs. Our team will then assist you in determining which trademarks are due for renewal, preparing and filing the necessary renewal applications, and handling any office actions or documentation requirements that may arise.
Frequently Asked Questions

What is Trademark Renewal?

Trademark renewal is the process by which a company extends its rights to use and protect its trademark. It basically reaffirms to the Trademark Registry that the company is still using the trademark and wishes to continue its protection. If the conditions for renewal are not complied with by the expiration of the prescribed time, the Registrar may remove the trademark from the register.

When should I start the renewal process for my trademark?

You should ideally begin the renewal process six months before the expiry date of your trademark registration. This ensures timely renewal and helps avoid any lapses in protection. However, you can file for renewal up to one year before the expiration date of the current registration period.

Is it necessary to hire a trademark attorney for the renewal process?

While not mandatory, it is highly advisable to engage a trademark attorney for smooth and hassle-free processing of your trademark renewal. An attorney can handle all aspects of the renewal process, including filing the necessary forms and ensuring compliance with legal requirements.

What is the timeline for trademark renewal in India?

The timeline for trademark renewal in India is flexible. Trademark renewal can be filed either one year or six months before the expiry date, or even up to six months after the expiry date (grace period), with certain conditions and fees applicable in each case.

What documents are required for trademark renewal?

Essential documents for trademark renewal include the Trademark Registration Certificate, proof of address and photo ID of the applicant, copy of the TM-A application, and a Power of Attorney if the renewal is filed by an agent or attorney.

What's the difference between trademark renewal and trademark restoration?

Renewal is the process of extending your trademark protection before or shortly after it expires. Restoration is the process of reinstating a trademark that has been removed from the register due to non-renewal, which is possible within one year of removal but involves additional procedures and fees.

What is the grace period for trademark renewal in India?

The grace period for trademark renewal in India is six months (180 days) after the expiration date of the trademark registration. However, renewals filed during this period are subject to additional fees.

How can Compliance Calendar help?

At Compliance Calendar LLP, our approach is to help startup founders in protecting their brand name/logo/design and ease the trademark renewal process end-to-end for them. Our expert Trademark Agents and Attorneys begin with a quick call to understand your specific situation and needs. We then guide you through every step of the process, from selecting the right form to submitting your request to the Trademark Office. We will help you prepare the necessary documents and handle the submission on your behalf. For any queries regarding the trademark renewal, email us at info@ccoffice.in or WhatsApp/Call at 9988424211.

Trademarks are the most valuable intangible assets businesses have. It protects any logo, symbol, word, or combination of words, symbols, and numbers that give a business a distinct identity. The registration of a trademark is valid for a period of ten years (10 years) from the date of application. However, a trademark can be renewed from time to time for indefinite period. Failure to renew the trademark can result in trademark removal from the Register, and the trademark proprietor’s right to sue for trademark infringement is also abolished. Any other entity can then register the mark for its own use.

Hence, a trademark renewal is just as important as trademark registration and it should be done within the given time frame. In this article, we will discuss the meaning of trademark renewal, its benefits, renewal process, and a lot more.

What is Trademark Renewal?

If the conditions for renewal are not complied with by the expiration of the prescribed time, the Registrar may remove the trademark from the register.

Prior notice as to renewal of trademarks:

The Registrar shall send a notice in Form RG-3, not more than six months before the expiration of registration of trademark, at the address of service informing the registered proprietor of the approaching expiration of registration of trademark and the condition as to the renewal of trade mark.

Benefits of Trademark Renewal

Continuation of Brand Protection: A trademark renewal extends the brand protection for another ten years, and prevents competitors from using similar marks that could dilute the brand's identity in the marketplace.
Preservation of Exclusive Rights: Trademark registration grants the owner exclusive rights to use the mark for specific goods or services. By renewing the trademark, the owner retains these exclusive rights.
Brand Value: Consistent trademark renewal demonstrates a long-term commitment to the brand. This can enhance the perceived value of the brand among consumers, investors, and business partners. A long-standing, protected trademark is often seen as an indicator of brand stability and market presence.
Prevention of Trademark Removal/Abandonment: Failure to renew a trademark can result in trademark removal from the Register. This means the loss of trademark rights, allowing others to use or even register the mark. Regular renewal helps prevent unintentional abandonment and maintains the owner's rights.
Licensing and Franchising: An active trademark registration is beneficial to organisations seeking to expand through trademark licensing or franchising. Licensees and franchisees are more likely to enter into agreements with brands that have kept their legal protections since it reduces risk and ensures the brand's long-term worth.

Documents Required for Trademark Renewal

The documents required for trademark renewal are:

Trademark Renewal Application Form, i.e., Form TM-R.
Trademark Original Application Form: It is the application form that was submitted when the trademark was first registered.
Trademark Registration Certificate: This is the official document issued by the Trademark Registry that confirms the registration of a trademark. It contains important details such as the registration number, date of registration, and the goods or services covered by the mark.
Proof of Applicant’s Identity and Address
Authorization Letter (POA): If the renewal application is being filed by someone other than the trademark proprietor (such as a trademark attorney or agent), an authorization letter is required.

Process for Trademark Renewal

Trademark registrations in India are valid for 10 years from the date of application. The renewal process should ideally be initiated before the expiration of this 10-year period. The renewal application can be submitted at any time within one year before the expiration of the current registration period.

Renewal Application: An application for renewal of registration of trademark shall be made on Form TM-R along with supported documents such as trademark original application form, registration certificate, etc.
File the application: Submit the application to the Registrar of Trademarks. Pay the prescribed fee INR 10,000 for physical filing; and INR 9000 for E-filing.
Notice and Advertisement: The Registrar reviews the renewal application and if the application is approved, it is advertised in the Trademark Journal.
Upon publication and resolution of trademark opposition, if any, a renewal certificate is granted to the applicant. And the trademark is renewed for the next ten years. This ten-year period starts from the date of expiration of the original registration or the last renewal, whichever is applicable.

Grace Period for Renewal

If a trademark owner fails to renew their mark before the expiration date, Indian Trademark System provides a 6-month grace period. This grace period starts immediately after the expiration date of the trademark registration and lasts for 180 days (approximately 6 months). Renewals filed during the grace period are subject to additional fees or surcharge, which is INR 5000 plus renewal fee applicable for physical filing; and INR 4500 plus renewal fee applicable for E-filing.

Hence, trademark renewal is just as important as trademark registration. For this reason, it is advised that one seeks professional assistance for all these processes. Any missed deadline can be a significant blow to one's brand protection and intellectual property rights. That is why timely trademark renewal is very important as it might get difficult to restore the trademark once it is removed from the Register.

At Compliance Calendar LLP, we specialize in simplifying the trademark renewal process to ensure your valuable trademark remains protected. Our team of experienced Trademark Attorneys and IP Experts is dedicated to guiding you through every step of the renewal procedure. We begin with a quick call to understand your specific trademark portfolio and renewal needs. Our team will then assist you in determining which trademarks are due for renewal, preparing and filing the necessary renewal applications, and handling any office actions or documentation requirements that may arise.