Trademark Renewal Process & Fees in India
Trademarks play a pivotal role in protecting your brand's identity, reputation, and intellectual property. Once you registered your trademark, it's essential to keep it in force through timely renewals. Here we explores the trademark renewal process and associated fees in India, this guide for business owners and brand custodians.
Understanding Trademark Renewal ProcessIn India trademark registration is initially valid for the next ten years from the date of registration. However, it can be renewed indefinitely, follow the renewal process and pay the requisite fees. Trademark renewal is essential because it ensures your brand's continued protection and prevents the trademark from being removed from the Register of Trademarks.
Trademark Renewal TimelineThe renewal process becomes relevant as your trademark's initial ten-year term approaches expiration. You can start the renewal process six months prior to the expiry date. It's important to be proactive about the renewal process to avoid potential legal complications and the loss of trademark protection.
Trademark Renewal PeriodA trademark can be renewed for an additional ten years at a time. There is no maximum limit on the number of renewals, allowing you to protect your brand indefinitely, provided you adhere to the renewal process and pay the renewal fees.
Steps for Trademark Renewal Process in India
- Preparation and Filing - You need to prepare and file the TM-R application form for trademark renewal. This form is available on the official website of the Indian Trademarks Registry.
- Providing Accurate Information - Ensure that all the information provided in the application is accurate and up-to-date. This includes details about the registered trademark and the registrant.
- Submission - Submit the TM-R application form along with the required supporting documents to the appropriate Trademarks Registry. This can be done online through the official website or in person at the office of the Trademarks Registry.
- Payment of Renewal Fees - To complete the renewal process, you must pay the prescribed renewal fees. The fees vary depending on whether you're renewing a trademark for goods or services, and the type of applicant (individual or business entity).
- Verification and Acknowledgment - After submission, the Trademarks Registry will verify the application and issue an acknowledgment of the receipt.
- Processing and Renewal - The renewal application will be processed by the Trademarks Registry. If all requirements are met, the trademark will be renewed for an additional ten years.
- Trademark Renewal Certificate - Once the renewal is approved, the Trademarks Registry will issue a trademark renewal certificate, which confirms the extended protection period.
Trademark Renewal Fees in India
Trademark Renewal for GoodsIndividual/Sole Proprietor - INR 5,000 Start-ups - INR 5,000 Small Enterprises - INR 5,000 Others - INR 10,000
Trademark Renewal for ServicesIndividual/Sole Proprietor - INR 4,000 Start-ups - INR 4,000 Small Enterprises - INR 4,000 Others - INR 8,000 These fees are government-prescribed and subject to change, so it's essential to check the current fee structure at the time of renewal.
Why Timely Trademark Renewal MattersTimely trademark renewal is crucial for several reasons,
- Brand Protection - Renewal ensures that your brand remains protected, and you have exclusive rights to use it in connection with your goods or services.
- Legal Compliance - Failure to renew within the prescribed timeline can lead to the removal of your trademark from the registry, leaving your brand vulnerable.
- Avoiding Re-Registration - Allowing your trademark to lapse can result in losing rights to it, making it available for re-registration by others.
- Continuity and Recognition - A renewed trademark maintains the continuity of your brand identity and recognition in the market.