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How to renew a trademark in India?

Eligibility and Timing

  • A registered trademark is valid for 10 years from the filing date.
  • Renewal can be filed within six months before the expiry of the registration.
  • Trademark holders, legal representatives, or authorized agents are eligible to file the renewal.
  • Timely renewal ensures uninterrupted protection of rights over the trademark.

Form and Application Process

  • The renewal application must be submitted using Form TM-R under the Trade Marks Rules, 2017.
  • The application can be filed online through the IP India portal or physically at the Trade Marks Registry.
  • The form should clearly state whether the renewal is for the same or any altered form of the registered trademark.
  • If changes are involved, such as ownership or address, the necessary details must also be updated.

Required Documents

  • Copy of the registration certificate of the trademark.
  • Details such as the application number, class, and proprietor’s name.
  • Proof of identity and address of the applicant or authorized agent.
  • Power of Attorney (Form TM-48) if filed by an agent or attorney.

Payment of Renewal Fees

  • The official renewal fee is prescribed by the Trade Marks Office and varies based on entity type.
  • Payment can be made electronically along with the application submission.
  • Additional fees are applicable for late renewals filed within the six-month grace period after expiry.
  • A separate fee is charged for restoration if the mark is removed due to non-renewal.

Post-Renewal Procedure

  • Upon successful processing, the Registry issues a renewal confirmation and updates the Register.
  • The trademark is granted protection for another 10 years from the previous expiry date.
  • Trademark owners must continue to use the mark and monitor future deadlines.
  • Renewed marks retain the same legal enforceability as originally registered trademarks.

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