Trademark Renewal

Trademark renewal must be filed within 6 months before the expiry of the 10-year registration period. If not renewed within this window, a grace period of 6 months after expiry is available with late fees. Failure to renew within the grace period results in removal of the trademark from the Register.

The renewal process involves filing Form TM-R with the Trademark Registry, paying the prescribed renewal fees (₹9,000 for e-filing, ₹10,000 for physical filing), and submitting the renewal application. If filed during the grace period, additional late fees apply.

If not renewed within the grace period, the trademark registration lapses and is removed from the Register. The owner loses statutory protection, and the mark becomes available for others to register. However, common law rights based on prior use may still be enforceable to some extent.

Yes, a lapsed trademark can be restored within 1 year from the date of expiry by filing a restoration application with the Registrar, paying restoration fees, and providing reasons for the delay. Restoration is not automatic and depends on the Registrar's discretion.

Generally, proof of use is not required for renewal in India. However, if the trademark is challenged on grounds of non-use or if restoration is sought after lapse, evidence of use may be required to support the application.

Yes, renewal can be filed for all classes in which the trademark is registered through a single application. The fee is payable per class of goods or services. It is advisable to renew all relevant classes to maintain complete protection.

Renewal is the regular process of extending registration before or shortly after expiry. Restoration is the process of reviving a lapsed trademark after the grace period has expired. Restoration involves additional fees, stricter scrutiny, and is subject to the Registrar's discretion.

No, renewal does not affect the original registration date or priority. The trademark continues to be valid from the original registration date, and the renewal merely extends the protection for another 10-year term. This maintains the seniority of the mark.

Yes, trademark registration can be renewed indefinitely for successive periods of 10 years each, as long as renewal fees are paid and the mark remains in use. Unlike patents or copyrights, trademarks can potentially last forever with proper maintenance.

During renewal, minor changes such as address updates or authorized user details can be recorded. However, substantial changes to the trademark itself or addition of new classes require separate applications. Renewal maintains the mark as originally registered.