Understanding Trademark Renewal Fees in India

Trademarks are a crucial asset for businesses, distinguishing products and services from competitors. In India, trademarks are registered under the Trademarks Act, 1999, and the registration is valid for 10 years. To maintain the exclusive rights over a trademark, it must be renewed periodically. In this article, you will learn about the trademark renewal fees in India, the process, penalties for non-renewal, and other key aspects.

What Is Trademark Renewal?

Trademark renewal is the process of extending the protection of a registered trademark beyond its initial validity period. In India, a trademark registration is valid for ten years from the date of application and can be renewed indefinitely for successive ten-year periods. It grants continuous legal protection of the mark.

Trademark renewal is a critical process for businesses aiming to maintain and protect their brand identity and intellectual property rights. Neglecting timely renewal can lead to the loss of exclusive rights and expose the brand to potential infringements.

Importance of Trademark Renewal

Here are the key importance of Trademark Renewal:

1. Continuous Legal Protection: Renewing your trademark keeps your brand legally protected without interruptions. It prevents others from using or copying it. It ensures that your business identity stays secure and exclusive.
2. Preservation of Exclusive Rights: Renewing your trademark keeps your exclusive rights intact. It stops others from using similar names or logos that might confuse customers. This helps protect your brand identity and ensures your business stands out in the market.
3. Avoidance of Costly Legal Disputes: Keeping your trademark active helps prevent others from copying it. This reduces the risk of legal disputes and also helps to save time and money. A registered trademark acts as a strong deterrent against potential infringers.
4. Retention of Brand Reputation: Renewing your trademark protects the reputation and trust your brand has earned. It reassures customers that your business is stable and reliable. This helps maintain customer loyalty and strengthens your brand identity.  It also grants long-term success in the market.
5. Prevention of Trademark Abandonment: If you don’t renew your trademark, it may be considered abandoned. This weakens your legal standing in disputes and could lead to losing your rights. Regular renewal ensures your brand stays protected and legally recognized.
6. Enhanced Market Competitiveness: Trademark renewal keeps your brand unique and recognizable. It helps customers distinguish your products or services from competitors. It strengthens your market presence and ensures your brand remains a trusted choice.
7. Legal Enforcement Capabilities: Keeping your trademark active gives you strong legal protection. It allows you to take action against unauthorized use and even sue for infringement if needed. It ensures that your brand stays safe and exclusively yours.
8. Protection against Counterfeit Goods:  You can register an active trademark with customs. This helps stop fake or counterfeit goods from entering the market. It protects your brand and customers from low-quality imitations.
9. Facilitation of Business Expansion: A valid trademark helps grow your business into new markets. It supports international trademark applications and builds brand recognition. This makes it easier to protect your brand and grow your presence globally with confidence.
10. Avoidance of Rebranding Costs: If you don’t renew your trademark, you might have to rebrand. This can be costly, involving new marketing, packaging, and efforts to win back customers. To avoid rebranding costs in India, you must conduct a thorough trademark search and register your brand early. It ensures uniqueness, monitors for infringements, and seeks legal advice to secure and protect your trademark under Indian law.

Trademark Renewal Period and Due Date

Trademark registration remains valid for ten years from the date of application in India. The trademark must be renewed every ten years to maintain its validity.  Here is a detailed explanation of the Trademark Renewal period and Due date:

Renewal Application Timeline:

• Filing Period: The renewal application can be submitted within one year before the expiration of the trademark registration.
• Grace Period: If the trademark renewal is not completed before the expiration date, there is a six-month grace period. During this time, you can renew it by paying the prescribed fee and a surcharge.

Consequences of Non-Renewal:

If you fail to renew your trademark on time, even during the grace period, it can be removed from the official register. This can lead to the loss of exclusive rights. To protect your brand again, you must file a new application, which could face delays, objections, or opposition.

Restoration of Removed Trademark:

If your trademark has been removed from the register due to non-renewal, you can apply for its restoration within one year from the expiration date. This application must be submitted by paying the required restoration and renewal fees. The restoration process follows Section 25(4) of the Trade Marks Act, 1999, and the Trade Marks Rules, 2017. It grants that legal protection can be regained.

Here is a timeframe for restoration:

• Within 6 Months Post-Expiry: If the renewal is not completed by the expiration date, the trademark can still be renewed within six months by filing Form TM-10 and paying the prescribed renewal fee along with a surcharge. ?
• Between 6 Months to 1 Year Post-Expiry: If the trademark is not renewed within the initial six months, it may be removed from the register. However, restoration is possible by filing Form TM-13 after six months but within one year from the expiration date. It is accompanied by the prescribed restoration fee. ?

Trademark Renewal Fees in India

The renewal process involves submitting the Prescribed TM-R form along with the requisite fees to the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).

Renewal Application and Fees:

• Form TM-R: This form is used for the renewal of a registered trademark.
• E-filing Fee: Rs. 9,000 per class.
• Physical Filing Fee: Rs. 10,000 per class.

Renewal Timeline:

• The renewal application can be filed within one year before the expiration of the trademark registration.
• If the renewal is not completed before expiration, the trademark can still be renewed within six months after the expiration date by paying the renewal fee along with an additional surcharge. Here is a fee structure:

1. E-filing Surcharge: Rs. 4,500 per class.
2. Physical Filing Surcharge: Rs. 5,000 per class.

Restoration of Trademark:

If the trademark renewal is not completed within the specified periods, it may be removed from the register. There is a chance to apply for restoration within a year by paying the required fees.  Here is a fee structure:

• E-filing Restoration Fee: Rs. 9,000 (renewal fee) + Rs. 9,000 (restoration fee) = Rs. 18,000 per class.
• Physical Filing Restoration Fee: Rs.10,000 (renewal fee) + Rs.10,000 (restoration fee) = Rs. 20,000 per class.

Trademark Renewal Process in India

Here is the step-by-step process of Trademark Renewal in India:

Step 1: Application Submission

To renew your trademark, you must fill out and submit Form TM-R to the Trademark Registry. You can do this online through the Indian Patent Office (IPO) portal. If required, you can also authorize a representative or agent to handle the filing.

Step 2: Scrutiny and Review

To renew a trademark, it must still be valid and meet all renewal requirements. If there are any issues, the Trademark Registry will notify you. You must address their concerns and respond within the given deadline to complete the renewal.

Step 3: Trademark Journal Publication

When all issues are addressed, the renewed trademark is published in the Trademark Journal for four months. Third parties can raise objections during this time. If someone objects, you must respond on time. If the issue remains unresolved, a hearing may be scheduled to discuss and settle the matter before final approval.

Step 4: Issuance of Renewal Certificate

Once your trademark is published and any objections are resolved, the Registry will issue a Trademark Renewal Certificate. This confirms that your trademark is officially renewed and protected for another 10 years. It allows you to continue using it without interruption.

Documents Required for Trademark Renewal

Here are the lists of documents required for Trademark Renewal:

1. Mandatory Documents:

• Trademark Registration Certificate: A copy of the original trademark registration certificate.
• Power of Attorney (PoA): If the renewal is being filed by an agent or attorney, a duly signed Power of Attorney (Form TM-48) is needed.
• Trademark Application Copy (Form TM-A): The original application document was filed during registration.
• Identity Proof of Applicant: It includes:

1. A Copy of an Aadhaar Card
2. A Copy of a PAN Card
3. A Copy of a Passport
4. A Copy of a Driving License

• Address Proof of Applicant: It includes:

1. A Copy of a Utility Bill
2. A Copy of a Voter ID
3. A copy of a Passport

• Duly Filled Renewal Application (Form TM-12 or TM-10)

1. Form TM-12 is used for regular renewal.
2. Form TM-10 is used when renewal is done within the grace period of 6 months after expiration.
3. Additional Documents (If Applicable)

• Authorization Letter: If filed through a legal representative or consultant.
• Affidavit of Usage: In some cases, if required by the Registrar, an affidavit proving continuous usage of the trademark.
• NOC from Trademark Owner: If the renewal is being filed by someone other than the registered proprietor.

3. Payment Receipts

Proof of payment of the renewal fee.

Benefits of Trademark Renewal

There are various benefits of Trademark Renewal

1. Continued Legal Protection

Renewing your trademark secures your exclusive rights and prevents others from using similar marks. It helps protect your brand identity. You will be able to maintain legal ownership and continue to stand out in the market without interference.

2. Prevents Loss of Rights

Trademark renewal provides you the exclusive right to use it for your products or services for another 10 years. This protects your brand and prevents others from using a similar name or logo.

3. Strengthens Brand Identity

Renewing a trademark keeps your brand legally safe and unique. It prevents others from copying it, builds customer trust, and protects your reputation. This helps businesses grow by increasing market value and avoiding legal issues.

4. Avoids Costly Re-registration

Renewing your trademark saves money compared to letting it expire and starting over. A lapsed trademark requires a new application, which can be costly and time-consuming. Regular renewal ensures continuous protection without extra expenses or legal hassles.

5. Enhances Business Valuation

A renewed trademark is considered a valuable business asset. It strengthens brand identity, boosts credibility, and increases the market value of a company which attracts investors and customers.

6. Enables Licensing & Franchising

A valid trademark lets businesses license or franchise their brand. This opens new revenue streams and allows others to use the brand while generating profits and expanding market reach.

7. Legal Advantage in Disputes

Renewing your trademark provides you with stronger legal protection. It helps you defend your rights to take action against anyone using your brand without permission.

8. Exclusive Nationwide and Global Protection

Trademark Renewal provides legal protection for your brand. When you apply for international trademarks, it helps to expand your brand into markets without legal complications.

9. Boosts Consumer Trust and Loyalty

A renewed trademark shows customers that your brand is reliable and well-established. It reassures them about the authenticity and quality of your products which builds trust and loyalty. This long-term protection helps strengthen your brand’s reputation in the market.

10. Allows Uninterrupted Business Operations

Trademark Renewal prevents legal troubles and costly rebranding. If a trademark expires, you might lose rights, face disputes, or need a new brand identity. Renewal keeps your business running smoothly, protecting your name, reputation, and market presence.

Conclusion

This article covered trademark renewal fees, the process, penalties, and key aspects. Trademark renewal fees in India are crucial for maintaining brand protection and legal exclusivity. Timely renewal prevents penalties, costly re-registration, and legal disputes. A renewed trademark strengthens brand identity, enhances market value, and ensures continued rights. Investing in renewal safeguards reputation, prevents infringement, and supports business growth. For assistance, contact Online Legal India.