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Trademark renewal is essential to maintain the exclusive rights to a trademark and protect brand identity. This article explains the trademark renewal process, timelines, and documents required to ensure continued protection of your intellectual property.

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Trademark Renewal: How to Renew Your Trademark and Maintain Protection

Learn about the trademark renewal process, including required documents and deadlines to ensure your trademark remains legally protected. Avoid the risk of losing brand rights with timely renewal.

Page last updated

5 May 2024

written By

Afinthrive Advisory

Trademark Renewal: How to Renew Your Trademark and Maintain Protection

Trademark renewal refers to the process of extending the protection of a registered trademark beyond its initial validity period, which is typically 10 years in India. Failing to renew a trademark can lead to the loss of legal protection and exclusive rights over the mark.

Renewing a trademark ensures uninterrupted brand protection, maintains your brand’s market identity, and safeguards your business from potential infringement. The renewal application can be filed within six months before or after the expiry date.

It is important for businesses to stay proactive with their renewal timelines to avoid penalties and loss of rights. The process involves submitting Form TM-R with the required fee to the Trademark Registry and providing supporting documents if needed.

With growing competition and the importance of brand recognition, trademark renewal is a critical step in preserving the legal identity and credibility of your brand.

Benefits of Trademark Renewal:

  • Provides continued exclusive rights to use the mark for your products or services.
  • Acts as a deterrent against potential infringers.
  • Maintains legal ownership and brand recognition in the market.
  • Helps in licensing or franchising the brand without legal complications.
  • Protects brand value and consumer trust built over the years.

Why timely renewal is essential:

  • Legal Protection: Avoids cancellation and ensures uninterrupted protection under the Trademark Act.
  • Market Position: Retains market identity and helps in maintaining goodwill and brand reputation.
  • Cost Savings: Avoids additional late renewal fees or the need for re-registration.
  • Right to Sue: Keeps your legal right to enforce trademark rights against misuse or infringement.

How Afinthrive Advisory Helps?

Afinthrive Advisory provides end-to-end trademark renewal services by handling the documentation, timely filing, and liaison with the Trademark Registry. Our experts ensure you never miss renewal deadlines and maintain complete compliance. We offer professional support to protect your brand’s integrity, value, and exclusivity in the marketplace.

0%
Affordable Pricing for everybody.

You won’t get the services at this unbeatable price range anywhere in India.

Essential

5000

(20%)

4000

Plan inclusive of all charges

KEY FEATURES

  • Trademark renewal for a single class
  • Document verification and preparation
  • Filing of TM-R renewal form with the Trademark Registry

Enhanced

9000

(17%)

7500

Plan inclusive of all charges

KEY FEATURES

  • Trademark renewal for multiple classes
  • Status check and rectification of minor issues before renewal
  • Filing of TM-R along with continuous follow-up with the registry

Ultimate

15000

(20%)

12000

Plan inclusive of all charges

KEY FEATURES

  • Trademark renewal involving legal or ownership complexities
  • Complete handling of objections, oppositions, or rectification requests
  • Full legal support and representation until renewal is confirmed
  • Ongoing advisory on trademark protection post-renewal
Trademark Renewal: A Step-by-Step Guide

Ensure your trademark stays protected by following this comprehensive renewal process

Renewing your trademark ensures continued protection and exclusive rights to your brand name, logo, or slogan, avoiding the risk of it being legally challenged.

Why is Trademark Renewal Important?

Trademark renewal should be done 6 months before the expiration date, with a grace period of up to 6 months post-expiration, after which the trademark may be removed from the register.

When to Renew Your Trademark?

File the renewal application with the relevant trademark office, pay the renewal fee, and confirm the details on the trademark register. Ensure that all information is up-to-date.

Steps to Renew Your Trademark

You will need the trademark registration number, proof of usage of the trademark, and your payment details for the renewal fee.

Documents Required for Renewal

If renewal is not completed on time, a grace period of 6 months is available, though late fees may apply. After this, the trademark may be canceled.

Grace Period & Late Fees

Once the trademark is successfully renewed, you will receive an acknowledgment and a renewed certificate for continued protection of your brand.

What Happens After Renewal?

Why You Need to Renew Your Trademark

  • Maintaining Trademark Protection: Renewing your trademark ensures that your intellectual property rights remain protected. Without renewal, you risk losing the exclusive rights to your trademark.
  • Avoid Legal Complications: Trademark protection is time-bound. If you fail to renew it, others may challenge your ownership, leading to legal disputes or loss of market identity.
  • Retain Your Brand's Market Value: Renewing your trademark keeps your brand’s market value intact. Failure to do so can impact your brand’s recognition and consumer trust.
  • Continuous Exclusivity in the Market: By renewing your trademark, you continue to enjoy exclusive rights to use, license, or sell your trademark in the relevant market segment, without fear of others using it.
  • Preventing Trademark Dilution: Trademark renewal prevents your brand from becoming generic or diluted in the market. A renewed trademark keeps its distinctiveness intact.

Steps to Renew Your Trademark

  • Step 1: Check Renewal Eligibility: Verify the current status of your trademark by checking the renewal due date. Most trademarks need to be renewed every 10 years, but this varies by jurisdiction.
  • Step 2: Prepare Required Documents: Gather the necessary documents, including proof of ownership and any related correspondence from the trademark office. You may need to submit your original trademark registration details.
  • Step 3: File the Renewal Application: Submit the trademark renewal application through the respective trademark office’s online portal or in-person, depending on the jurisdiction. Ensure the application form is filled out accurately.
  • Step 4: Pay the Renewal Fee: Pay the required renewal fee. The amount varies depending on the jurisdiction and the class of goods or services associated with your trademark.
  • Step 5: Receive Acknowledgment: Once your application is submitted, the trademark office will send an acknowledgment of receipt. This confirms that your renewal request is being processed.
  • Step 6: Monitor Status of Renewal: Track the status of your renewal application through the trademark office’s online portal. You will receive updates on whether your renewal has been accepted or if further documentation is needed.
  • Step 7: Receive Renewed Trademark Certificate: Upon successful renewal, you will receive an updated trademark registration certificate. This confirms that your trademark is valid for the next renewal cycle (usually another 10 years).

Renew Your Trademark and Safeguard Your Brand Identity for the Future

Trademark Renewal: Ensuring Continued Protection for Your Brand

1

What Is Trademark Renewal?

Trademark renewal is the process of extending the protection granted to your trademark for an additional period. In India, a trademark is valid for 10 years, after which it must be renewed to maintain its legal standing and exclusive rights.

2

When Should You Renew Your Trademark?

You must initiate the trademark renewal process within six months before the expiration of your trademark’s registration. Failing to renew within this period may result in the trademark becoming vulnerable to cancellation or opposition.

3

How to Renew a Trademark?

1. **Check the Trademark Status**: Ensure your trademark is still active and has not been revoked or canceled. 2. **Submit the Renewal Application**: File the renewal application with the Trademark Registry (TMR) online or offline. 3. **Pay the Renewal Fee**: The fee is based on the type of applicant (individual, MSME, or company). 4. **Receive Acknowledgment**: After submission, you will receive an acknowledgment of the renewal application from TMR.

4

Documents Required for Trademark Renewal

• The original trademark registration certificate. • Details of the trademark, including class and description. • Renewal fee payment receipt. • Any changes in the trademark, if applicable, such as logo or owner details.

5

Late Renewal and Grace Period

If you miss the renewal deadline, there is a grace period of six months during which you can still renew the trademark by paying a penalty along with the renewal fee. After this period, the trademark may be removed from the register and no longer protected.

6

Importance of Timely Trademark Renewal

Renewing your trademark on time ensures continued protection against unauthorized use, imitation, or infringement. It keeps your exclusive rights intact, preventing third parties from exploiting your brand name or logo without permission.

7

Consequences of Failing to Renew Your Trademark

If you fail to renew your trademark, you lose the exclusive rights to use the trademark for the goods or services registered under it. This can lead to legal disputes, loss of brand identity, and reduced market value.

8

Post-Renewal Considerations

After renewal, make sure to update your business documentation, marketing materials, and any licensing agreements to reflect the ongoing trademark protection. You can also monitor the marketplace for potential infringement to protect your renewed rights.

Documents Required
Documents Required

Here is the check list of documents required.

  • Original trademark registration certificate
  • Proof of use of the trademark (e.g., advertisements, product labels)
  • Copy of the latest trademark journal publication
  • Renewal application (Form TM-R) duly filled and signed
  • Proof of payment of the renewal fee (challan/receipt)
  • Power of attorney (if filed through an agent)
  • Details of any changes to the trademark (if applicable)
  • Affidavit of use (if the trademark has been in continuous use)
  • Photograph or representation of the trademark (if needed)
Documents Required
FAQs

Get Answers to your most asked questions.

What is Trademark Renewal?

Trademark renewal is the process of extending the validity of a trademark registration. A trademark is valid for 10 years from the date of registration, and it can be renewed indefinitely in 10-year increments. Renewal ensures that the trademark owner retains exclusive rights to the mark and can continue to use it in commerce.

Why should I renew my Trademark?

Trademark renewal is essential to maintain exclusive rights to your brand name, logo, or other trademarked elements. If you fail to renew your trademark, your registration will expire, and you risk losing legal protection. Additionally, you may lose the ability to prevent others from using a similar mark, which could harm your brand identity.

What happens if I miss the Trademark Renewal deadline?

If you miss the trademark renewal deadline, you may still be able to renew the trademark during a grace period, which typically lasts for 6 months after expiration. However, additional late fees may be imposed, and the trademark may lose its priority status. If the grace period also lapses, you may need to file a new application, losing your original filing date and potentially your trademark protection.

How much does it cost to renew a Trademark?

Trademark renewal fees vary depending on the jurisdiction and type of trademark (individual or collective). In general, fees can range from a few hundred to several thousand units of the local currency. It’s important to check the specific trademark office's fee schedule for accurate and up-to-date pricing.

Can a Trademark be renewed indefinitely?

Yes, a trademark can be renewed indefinitely, as long as the renewal fees are paid, and the trademark is still in use. However, in some jurisdictions, you may be asked to provide proof of use at certain intervals, such as every 5 years or at the time of renewal. If the trademark is not in active use, renewal may be denied.