Trademark Renewal India Online TM-R Filing

Trademark renewal is the process of extending your registered trademark’s protection for an additional 10 years from the date of expiry, as mandated under Section 25 of the Trade Marks Act, 1999. It maintains all your existing legal rights and exclusive ownership without requiring re-examination or opposition proceedings.

While new registration involves extensive searches, examination, publication, and potential opposition (taking 18-24 months), renewal is straightforward – file Form TM-R, pay the prescribed fee, and receive confirmation within 3-6 months. No distinctiveness examination or third-party opposition is involved as per Rule 57 of the Trade Marks Rules, 2017.

Renewal preserves your exclusive nationwide rights, maintains legal standing for infringement actions, protects your years of brand reputation, and increases business valuation, as per Section 28 of the Trade Marks Act, 1999. Only an active registration grants you the exclusive right to use and prevent unauthorised usage.

Each renewal extends protection for exactly 10 years from the current expiry date, as specified in Section 25(1) of the Trade Marks Act, 1999. Unlike patents (20-year limit) or copyrights (life plus 60 years), trademarks can be renewed indefinitely.

Yes, trademarks enjoy perpetual renewal rights under Indian law. As per Section 25(3), you can continue renewing every 10 years indefinitely. Many Indian brands, such as Godrej and Tata, have maintained continuous protection for over a century through timely renewals.

Non-renewal results in removal from the Register of Trade Marks as per Section 25(4). You lose all exclusive rights, competitors can legally use your brand name, and the mark becomes open for others to register after it is officially removed (following the expiry of all renewal and restoration deadlines).

You can file Form TM-R anytime within one year before the expiry date, as prescribed under Rule 57(1) of Trade Marks Rules, 2017. For a trademark expiring on December 31, 2025, you can file from January 1, 2025, onwards.

Only two documents are needed: Form TM-R (renewal application) and a Power of Attorney (if filing through an agent), as specified in Rule 57. No company documents, address proofs, or trademark specimens are required, unlike a new registration.

Yes, the entire process is 100% online through the IP India portal (ipindiaonline.gov.in) as per the digitisation initiatives under the Trade Marks Rules, 2017. No physical visits to the Registry office are required.

Based on current Registry processing standards, renewal takes 3-6 months from filing to receiving the renewal intimation letter and publication in the journal. The timeline is shorter than the new registration due to the absence of examination procedures.

Real-time tracking is available on the IP India website using your application number. The system displays the current status, examiner notes, and expected timelines in accordance with the transparency guidelines of the Trade Marks Registry.

You can file yourself, authorise an employee, or appoint a registered trademark attorney under Section 145 of the Trade Marks Act, 1999. Most businesses prefer professional filing to avoid technical errors that cause delays.

Under Rule 57(2), you have a 6-month grace period after expiry with a surcharge of ₹4,500. Your trademark remains protected during this period, but you pay the penalty for late filing as prescribed in the First Schedule of Trade Marks Rules, 2017.

Yes, Rule 60 allows restoration between 6-12 months after expiry. You must file a restoration application with Form TM-R, pay additional fees of ₹9,000, and provide valid reasons for the delay. The Registrar has discretionary powers to accept or reject.

Late renewal (within 6 months) is automatic upon payment of a surcharge as per Rule 57(2). Restoration (6-12 months) requires approval from the Registrar under Rule 60, with no guarantee of success. One is a right, the other is discretionary.

After 12 months from expiry, no revival is possible under the Trade Marks Act, 1999. The mark is permanently removed from the Register. You must file a fresh application, subject to availability and new examination procedures.

Once the mark is officially removed from the Register after expiry of all renewal and restoration periods, it becomes available for registration by others. Competitors often monitor expiring marks, and the first-to-file principle takes priority under Section 11 of the Act.

The Registrar typically accepts serious illness, natural disasters, genuine administrative oversights, or circumstances beyond reasonable control. As per Rule 60, you must provide evidence supporting your claim for the delay.

No, unlike new applications, renewal has no opposition provision under the Trade Marks Rules, 2017. Once filed adequately with correct fees, renewal proceeds without third-party interference, making it significantly more straightforward than initial registration.

Section 135 provides for criminal remedies (imprisonment up to 3 years, fine up to ₹ two lakhs), while Sections 134-135 allow civil suits for damages, injunctions, and accounts of profits. Active registration is mandatory for all enforcement actions.

No modifications are permitted during renewal as per Rule 57. The mark must be renewed as registered. For changes, file separate applications, such as those for altering the mark (Section 59) or rectifying the register (Section 57).

Section 107 permits the use of ® throughout the renewal process and after completion. Using ® without valid registration is an offence under Section 107(2), liable to a significant monetary penalty based on turnover or a fixed sum.

While common law passing-off rights exist independently, only a registered trademark provides statutory protection under Sections 28-30 of the Trade Marks Act, 1999. Renewal maintains both statutory and common law rights simultaneously.

Active registration enhances claims with e-commerce platforms (such as Amazon and Flipkart), social media (including Facebook and Instagram), and domain registrars, as per their respective IP policies. Most platforms require a valid trademark registration for complaints of infringement.

As per the First Schedule of Trade Marks Rules, 2017, the renewal fee is ₹9,000 per class for e-filing. Late renewal adds a ₹4,500 surcharge, while restoration requires an additional ₹9,000.

Each class requires separate renewal with individual fees as per Rule 23. A trademark registered in three classes needs three Form TM-R applications and ₹27,000 in government fees (₹9,000 × 3).

Consider the strategic value, but note that Section 47 allows for cancellation after 5 years of non-use. Unused marks may still prevent competitor registration, justify renewal for defensive purposes, or maintain value for potential sale/licensing.

Under the Madrid Protocol, if India is your home country, the international registration depends on the basic Indian mark for a period of 5 years from the date of international registration. Indian renewal is crucial for maintaining global protection under Article 6 of the Protocol.

Yes, Section 18 allows foreign companies and NRIs to own and renew Indian trademarks. They must maintain an Indian address for service (usually an attorney’s address) as per Rule 14 of the Trade Marks Rules, 2017.

Keep the renewal intimation letter, Trade Marks Journal publication, Form TM-R acknowledgement, payment receipts, and Power of Attorney as per Section 132 requirements. These documents are essential for future renewals, licensing, or enforcement actions.