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Trademark registration renewal must be done once the validity of your trademark registration expires. A trademark is only valid for 10 years in India after which a business is mandated to apply for a renewal of the registration with the Office of Controller General of Patents, Designs and Trademarks.
What is trademark registration renewal?
According to the Trademark Rules of 2017, “renewal means and includes renewal of registration of a trademark, certification trademark or collective trademark”.
“An application for the renewal of the registration of a trademark shall be made in Form TM-R along with the fee as prescribed in the first schedule (of the act) and may be made at any time not more than one year before the expiration of the last registration of the trademark,” explains the Trademark rules.
This means that renewal of trademark must be applied for within the period of a year before the trademark is set to expire. This means that trademark registration in India can be renewed after 9 years from the date of registration.
If no application is received, the patent office will send a notification six months before the date of expiry informing the registered proprietor of the approaching date of expiration. If no application is received even after the notice, the registrar will remove the trademark from the trademark registry.
How to apply for trademark registration renewal?
According to the Trademark Rules of 2017, the form to fill in for renewal is Form TM-R. This form is given in the copy of Trademark rules published on the official website of the Office of Controller General of Patents, Designs and Trademarks.
Online application for trademark renewal
The online process for trademark registration renewal in India is the most popular method for application for businesses. This is a completely online process that can be completed in a few steps:
- Go to the home page of the official website of the Office of Controller General of Patents, Designs and Trademarks.
- Navigate to ‘Trademarks’ option
- Hover your mouse on ‘Related Links’
- Choose ‘Comprehensive e-filing services’
- Click on ‘New Application’ Tab
- Select File TM-R
- Fill all the details
- Click on ‘Upload’ and upload the documents asked
- Click on ‘Proceed’
- Verify the details filled in and click on ‘Submit’
- Click on the ‘Payments’ tab from the menu list on the left side of the page
- Click on ‘Make Payment’
- Click on ‘Payment History’ from Payment menu and click on ‘Receipt’ to view receipt of payment
Offline filing is also possible for renewal of trademark registration in India. You would need to copy and print Form TM-R from the Trademark Rules, 2017 document published on the website of office of patents and trademarks and fill the form physically.
Attach the documents required and submit a cheque or DD for the money to be paid. These documents along with Form TM-R must be sent to your nearest registry office. Have a look the addresses of the registry offices here.
The documents required for the process of application is:
- Business address proof
- ID proof of the applicant
- Copy of the registration certificate
Fee for renewal
The trademark registration renewal fee is mentioned in the first schedule of the Trademark Rules, 2017.
|Payment for||Fees (₹)|
|Renewal of registration of a trademark under section 25 for each class
|Application for renewal with surcharge of registration of a Trademark under section 25 (3) for each class||5,000 (Plus, renewal fee given in the first row)||4,500 (Plus, renewal fee given in the first row 3)|
|Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class||10,000 (Plus, renewal fee given in the first row)||9,000 (Plus, renewal fee given in the first row)|
To have a better understanding of Section 25 of Trade Marks Act, 1999 and its subsections look at the box below. The difference in the fees prescribed for renewal is subject to conditions set by the sub sections.
Section 25 deals with the duration, renewal, removal and restoration of trademark registration.
Subsection 3: If the registrar hasn’t received a renewal application, he/she send a notice to inform the proprietor of the date of expiration and the conditions as to payment of fees. If an application is not received in the prescribed time the registrar with remove the trademark from the registry.
Subsection 4: If the registrar receives the application for renewal after six months and within one year from the expiration of last registration of the trademark, he or she will restore the trademark subject to conditions set by the registrar.
The trademark if not renewed after 9 years from the date of registration can be removed from the trademark registry. You can find the trademark registry on the official website of the Office of Controller General of Patents, Designs and Trademarks.