Renewal And Restoration of Trademark Registration

Renewal And Restoration of Trademark Registration. Trademark registration in India must be renewed every 10 years failing which the trademark is liable to be removed from the register of trademarks. It has to be renewed starting prior to the six months from expiration date. Before this, a reminder is sent by the trademark registry to the registered proprietor address under the form O-3. Trademark Renewal process can be done between 6 to 12 months after the expiry by the procedure called restoration.
Renewal of trademark registration
Anytime within a year before the trademark's registration expires, an application for the renewal of trademark registration in India must be submitted using Form TM-R and the required fees of Rs. 9000 per class.
Renewal of trademark registration with surcharge
• By paying an extra surcharge price of Rs. 4500 per class, a renewal application can still be submitted within six months of the registration date expiring. 
• The trademark registration is considered to have expired and will be removed from the register of trademarks if an application for renewal is not submitted within the six-month grace period following the date of registration.
Restoration of trademark registration
• By paying a restoration cost of Rs. 9000 per class, an application to restore a trademark registration may be submitted after six months but within a year of the trademark registration's expiration date.
• When evaluating the request for such restoration and renewal, the trademark office will take into account the interests of other impacted parties.
Registration of trademark after the renewal date
The deadline for renewing a trademark registration is six months from the date of receipt of the registration certificate, if the trademark was granted registration at any point during the six months prior to the renewal due date or after the renewal due date. This is an uncommon occurrence, particularly for older applications whose registration took longer than the 10-year protection period. This is no longer the case, as the Indian trademark office now grants registrations in 6 to 18 months.
When requests for restoration or renewal are approved, the trademark office notifies the trademark owner or agent and publishes an announcement in the Trademarks Journal.
Forms and official fees

Description of the requests

Forms and official fees

Request for renewal

Form TM-R with an official fee of Rs. 9000 per class

Request for renewal with surcharge

Form TM-R with an official fee of Rs. 9000 per class

Request for restoration of the trademark registration and renewal

Form TM-R with an official fee of Rs. 9000 per class + renewal fee of Rs. 9000 per class

FAQs on Renewal & Restoration of Trademark Registration in India
Q1. When should I renew my trademark registration in India?
Ans. A trademark must be renewed every 10 years, and the renewal application (Form TM-R) should be filed within one year before expiration to avoid additional charges.
Q2. What happens if I fail to renew my trademark on time?
Ans. If you fail to renew your trademark before its expiry, you can still renew it within six months after expiration by paying a surcharge fee of Rs. 4500 per class. If not renewed within this grace period, the trademark will be removed from the register.
Q3. Can I restore a trademark if it has been removed from the register?
Ans. Yes, a trademark can be restored within one year after expiration by filing a restoration request using Form TM-R and paying a restoration fee of Rs. 9000 per class along with the renewal fee.
Q4. What is the total fee for renewing a trademark with restoration?
Ans. If you are applying for restoration after six months of expiry but within one year, the total cost will be Rs. 18,000 per class (Rs. 9000 renewal fee + Rs. 9000 restoration fee).
Q5. How will I be informed about the approval of my renewal or restoration request?
Ans. Once the renewal or restoration is approved, the Trademark Office will notify the trademark owner or agent and publish an announcement in the Trademarks Journal.
Q6. Can I still renew my trademark after the renewal due date?
Ans. In rare cases, if a trademark was granted registration just before or after the renewal due date, the renewal deadline may extend six months from the date of receiving the registration certificate. However, this scenario is uncommon today as trademarks are now registered within 6 to 18 months.
Q7. What form is required for trademark renewal and restoration?
Ans. All requests for renewal and restoration must be submitted using Form TM-R with the appropriate official fees.
Q8. Can a third party challenge the restoration of my trademark?
Ans. Yes, when reviewing a restoration request, the Trademark Office will consider the interests of other affected parties, ensuring that the restoration does not harm other businesses or lead to conflicts.

Trademark registration in India must be renewed every 10 years failing which the trademark is liable to be removed from the register of trademarks. It has to be renewed starting prior to the six months from expiration date. Before this, a reminder is sent by the trademark registry to the registered proprietor address under the form O-3. Trademark Renewal process can be done between 6 to 12 months after the expiry by the procedure called restoration.

Renewal of trademark registration

Anytime within a year before the trademark's registration expires, an application for the renewal of trademark registration in India must be submitted using Form TM-R and the required fees of Rs. 9000 per class.

Renewal of trademark registration with surcharge

• By paying an extra surcharge price of Rs. 4500 per class, a renewal application can still be submitted within six months of the registration date expiring.

• The trademark registration is considered to have expired and will be removed from the register of trademarks if an application for renewal is not submitted within the six-month grace period following the date of registration.

Restoration of trademark registration

• By paying a restoration cost of Rs. 9000 per class, an application to restore a trademark registration may be submitted after six months but within a year of the trademark registration's expiration date.

• When evaluating the request for such restoration and renewal, the trademark office will take into account the interests of other impacted parties.

Registration of trademark after the renewal date

The deadline for renewing a trademark registration is six months from the date of receipt of the registration certificate, if the trademark was granted registration at any point during the six months prior to the renewal due date or after the renewal due date. This is an uncommon occurrence, particularly for older applications whose registration took longer than the 10-year protection period. This is no longer the case, as the Indian trademark office now grants registrations in 6 to 18 months.

When requests for restoration or renewal are approved, the trademark office notifies the trademark owner or agent and publishes an announcement in the Trademarks Journal.

Forms and official fees

Description of the requests	Forms and official fees
Request for renewal	Form TM-R with an official fee of Rs. 9000 per class
Request for renewal with surcharge	Form TM-R with an official fee of Rs. 9000 per class
Request for restoration of the trademark registration and renewal	Form TM-R with an official fee of Rs. 9000 per class + renewal fee of Rs. 9000 per class

FAQs on Renewal & Restoration of Trademark Registration in India

Q1. When should I renew my trademark registration in India?

Ans. A trademark must be renewed every 10 years, and the renewal application (Form TM-R) should be filed within one year before expiration to avoid additional charges.

Q2. What happens if I fail to renew my trademark on time?

Ans. If you fail to renew your trademark before its expiry, you can still renew it within six months after expiration by paying a surcharge fee of Rs. 4500 per class. If not renewed within this grace period, the trademark will be removed from the register.

Q3. Can I restore a trademark if it has been removed from the register?

Ans. Yes, a trademark can be restored within one year after expiration by filing a restoration request using Form TM-R and paying a restoration fee of Rs. 9000 per class along with the renewal fee.

Q4. What is the total fee for renewing a trademark with restoration?

Ans. If you are applying for restoration after six months of expiry but within one year, the total cost will be Rs. 18,000 per class (Rs. 9000 renewal fee + Rs. 9000 restoration fee).

Q5. How will I be informed about the approval of my renewal or restoration request?

Ans. Once the renewal or restoration is approved, the Trademark Office will notify the trademark owner or agent and publish an announcement in the Trademarks Journal.

Q6. Can I still renew my trademark after the renewal due date?

Ans. In rare cases, if a trademark was granted registration just before or after the renewal due date, the renewal deadline may extend six months from the date of receiving the registration certificate. However, this scenario is uncommon today as trademarks are now registered within 6 to 18 months.

Q7. What form is required for trademark renewal and restoration?

Ans. All requests for renewal and restoration must be submitted using Form TM-R with the appropriate official fees.

Q8. Can a third party challenge the restoration of my trademark?

Ans. Yes, when reviewing a restoration request, the Trademark Office will consider the interests of other affected parties, ensuring that the restoration does not harm other businesses or lead to conflicts.