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What is Trademark Renewal?
Trademark renewal is the legal process of extending the protection of a registered trademark after its initial validity period expires. In India, a trademark is valid for 10 years from the date of registration and must be renewed to continue enjoying exclusive rights. If not renewed on time, the trademark may be removed from the register, making it open for use by others.
Trademark renewal ensures that your brand name, logo, slogan, or symbol remains legally protected and prevents competitors from misusing your identity. It also helps maintain brand value, customer trust, and business continuity.
Trademark Renewal Law in India (Section 25)
Trademark renewal in India is governed by Section 25 of the Trade Marks Act, 1999. This section clearly defines the duration, renewal process, and consequences of non-renewal of a registered trademark. As per the law, every trademark registration is valid for 10 years and can be renewed indefinitely for further periods of 10 years each.
Section 25 also provides flexibility to trademark owners by allowing renewal before expiry or even after expiry with a late fee. However, if the trademark is not renewed within the allowed time, it may be removed from the Trademark Register.
Important provisions under Section 25:
- Trademark validity: 10 years
- Unlimited renewals allowed
- Renewal possible with surcharge after expiry
- Trademark may be removed if not renewed
- Restoration option available within a limited time
This law ensures continuous brand protection when renewal rules are followed properly.
When Should a Trademark Be Renewed? Criteria
A trademark should ideally be renewed before the expiry of its 10-year validity period to avoid penalties or legal risks. The renewal application can be filed six months before the expiry date. Timely renewal ensures uninterrupted protection and avoids additional late fees.
If a trademark owner misses the deadline, Indian trademark law allows renewal within a grace period by paying a surcharge. However, delaying renewal increases the risk of removal or misuse of the trademark by third parties.
Best timeframes for trademark renewal:
- 6 months before expiry (recommended)
- On the expiry date
- Within the grace period (with late fee)
- Restoration possible within prescribed time if removed
To protect brand rights and avoid complications, businesses should track renewal dates and renew trademarks well in advance.
Grace Period for Trademark Renewal
If a trademark is not renewed before its expiry date, Indian trademark law provides a grace period to help trademark owners retain their rights. During this period, the owner can still apply for renewal by paying an additional late fee. This prevents immediate removal of the trademark from the register.
Key points of the grace period:
- Grace period is available after trademark expiry
- Renewal allowed with prescribed late fees
- Trademark remains at risk during this time
- No interruption if renewed within grace period
- Recommended to renew as early as possible to avoid penalties
Timely action during the grace period helps businesses avoid legal complications and loss of brand protection.
What Happens If a Trademark Is Not Renewed?
Failure to renew a trademark can lead to serious consequences for a business. Once the grace period expires, the trademark may be removed from the Trademark Register, resulting in loss of legal rights and ownership.
Consequences of non-renewal:
- Trademark is removed from the register
- Loss of exclusive rights over the brand
- Increased risk of infringement or misuse
- Competitors may apply for the same or similar mark
- Brand reputation and goodwill may suffer
- Legal protection against misuse is lost
Not renewing a trademark can weaken a brand’s market position and expose it to legal risks.
Restoration of Trademark After Expiry
If a trademark is removed due to non-renewal, Indian trademark law allows the owner to apply for restoration within a specific time period. Restoration helps recover the trademark, subject to approval by the Registrar and payment of applicable fees.
Aspect | Details |
Eligibility | Trademark removed due to non-renewal |
Time Limit | Application within prescribed restoration period |
Fees | Renewal fee + restoration fee |
Authority | Registrar of Trademarks |
Outcome | Trademark restored if approved |
Risk | Third-party claims may arise during removal |
Restoration offers a second chance, but timely renewal is always the safest option.
Documents Required for Trademark Renewal
Common Documents
- Trademark Registration Certificate
- Trademark Application Number
Common Documents
- Copy of the trademark (logo/wordmark)
- Identity proof of the trademark owner
Common Documents
- Address proof of the trademark owner
- Power of Attorney (if filed through an agent)
Benefits of Trademark Renewal
Trademark renewal helps businesses continue enjoying legal protection and ownership of their brand identity. By renewing a trademark on time, companies ensure that their brand remains secure, recognizable, and legally enforceable in the market.
Benefit | Explanation |
Continued Legal Protection | Keeps the trademark legally protected for another 10 years |
Exclusive Ownership Rights | Maintains exclusive rights to use the trademark |
Brand Identity Protection | Safeguards brand name, logo, and symbols from misuse |
Prevention of Infringement | Helps take legal action against unauthorized use |
Business Continuity | Ensures uninterrupted use of the trademark |
Customer Trust | Strengthens credibility and brand recognition |
Market Advantage | Prevents competitors from registering similar marks |
Long-Term Brand Value | Preserves goodwill and brand equity over time |
Methods of Trademark Renewal
Trademark renewal in India can be done in two main ways, depending on whether the trademark owner wants to make any changes to the existing trademark details. The renewal process ensures that the trademark continues to remain valid and legally protected.
Common methods of trademark renewal:
- Filing Form TM-R with the Trademark Registry
- Online renewal through the official trademark portal
- Offline submission at the Trademark Registry office
- Renewal through a trademark agent or legal consultant
- Renewal during the grace period with a late fee, if required
Choosing the correct method helps ensure smooth renewal and uninterrupted trademark protection.
TRADEMARK RENEWAL
│
┌───────────────┴───────────────┐
│ │
RENEWAL WITHOUT CHANGES RENEWAL WITH CHANGES
(Simple & Direct Renewal) (Renewal + Modification)
│ │
Applies when: Applies when:
│ │
─ No change in name/logo ─ Change in owner’s name
─ No change in owner ─ Change in address/contact
─ No change in address ─ Change in business structure
─ Same class & usage ─ Minor record corrections
│ │
Characteristics: Characteristics:
│ │
─ Faster processing ─ Supporting documents needed
─ Lower risk of objection ─ Registrar’s approval required
─ Most commonly used ─ Longer processing time
Trademark Renewal Filing Deadline
The trademark renewal filing deadline in India is before the expiry of 10 years from the date of trademark registration. A renewal application can be filed up to 6 months prior to the expiry date, which is the safest and recommended time. If the deadline is missed, the trademark owner is given a grace period after expiry to renew the trademark by paying a late fee. However, failure to renew within the allowed time may lead to removal of the trademark from the register. Filing renewal on time ensures uninterrupted brand protection and avoids legal risks or additional costs.
Trademark Renewal Online Process Online Process in India
The trademark renewal online process in India is easy and can be completed through the official trademark portal.
Filing the Renewal Application (Form TM-R)
The trademark owner or authorized agent files Form TM-R online before or after expiry (with late fee). The form includes trademark details, renewal type, and payment of fees.
Examination by Trademark Registry
After filing, the Trademark Registry examines the application to ensure all details are correct and fees are paid properly.
Publication in Trademark Journal
Once approved, the renewed trademark is published in the Trademark Journal for public record and transparency.
Issue of Trademark Renewal Certificate
After publication, the Registry issues the Trademark Renewal Certificate, confirming validity for another 10 years.
Trademark Renewal Fees in India
Trademark renewal fees in India depend on the applicant type and filing mode. For individuals, startups, and small enterprises, the fee is lower, while companies and others pay a higher fee. Additional charges apply if renewal is filed after expiry during the grace period. Online filing is generally more cost-effective than offline filing. Paying the correct fee on time ensures smooth renewal and avoids penalties or removal from the register.
Common During Mistakes to Avoid Trademark Renewal
Many trademark owners face problems during renewal due to small but avoidable mistakes. These errors can cause delays, extra costs, or even loss of trademark rights.
Common mistakes include:
- Missing the renewal deadline
- Entering incorrect trademark details
- Not tracking trademark expiry dates
- Ignoring grace period timelines
- Filing without required documents
- Not updating owner or address details
Avoiding these mistakes helps ensure a smooth and hassle-free trademark renewal process.
Trademark Renewal vs Trademark Restoration
Trademark renewal and trademark restoration are two different legal processes. Renewal is done to extend the validity of an active trademark, while restoration applies when a trademark has been removed due to non-renewal.
Basis | Trademark Renewal | Trademark Restoration |
Status of Trademark | Active or about to expire | Removed from register |
Time of Filing | Before or shortly after expiry | After removal |
Fees | Standard renewal fee | Renewal + restoration fee |
Risk Level | Low | High (third-party claims possible) |
Purpose | Continue protection | Recover lost trademark |
Why Choose JS Certification for Trademark Renewal
JS Certification is a trusted name for trademark renewal services in India, helping businesses protect their brand identity without stress or delays. With a team of experienced trademark professionals, JS Certification ensures accurate filing, timely renewal, and complete legal compliance. We handle everything—from document verification to filing Form TM-R—so you can focus on running your business.
Why businesses trust JS Certification
- Expert guidance from start to finish
- Timely renewal to avoid penalties or removal
- Accurate documentation and filing
- Online, hassle-free process
- Affordable and transparent pricing
- Dedicated support for queries and follow-ups
Our goal is to make trademark renewal simple, fast, and reliable for businesses of all sizes.
Apply Online for Trademark Renewal
Applying for trademark renewal online with JS Certification is quick and easy. You just need to share your trademark details, and our experts will take care of the complete renewal process. From preparing Form TM-R to submitting the application and tracking its status, we ensure everything is handled professionally and on time. Online filing saves time, reduces paperwork, and minimizes errors, making it the safest way to renew your trademark in India.
FAQ
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It shows a commitment to answering every question with care, one step at a time.
You should apply for trademark renewal 6 months before the expiry date to avoid late fees and legal risks.
If delayed, you can still renew during the grace period by paying a late fee. Missing this may lead to removal of the trademark.
Form TM-R is used for trademark renewal, restoration, and modification of registered trademarks in India.
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