Trademark Renewal & Restoration Process

Trademark registration in India is valid for 10 years, after which it must be renewed to maintain legal protection. If the renewal deadline is missed, the trademark can still be restored within a grace period. This guide explains the renewal and restoration process, timelines, and fees.

Trademark Renewal Process

When to Renew a Trademark?

• A registered trademark must be renewed every 10 years.
• The renewal application can be filed 6 months before expiry.

Steps to Renew a Trademark

Step 1: File a Trademark Renewal Application (Form TM-R)

• Submit Form TM-R to the Trademark Registry before expiry.
• Pay the required renewal fee.

Step 2: Choose Renewal Type

• Renewal without modifications – Extends trademark protection as it is.
• Renewal with modifications – Allows changes to the brand logo, wordmark, or class.

Step 3: Review & Processing

• The Trademark Office examines the renewal request.
• If no objections arise, the trademark is renewed for another 10 years.

Step 4: Issuance of Renewal Certificate

• Once approved, a Trademark Renewal Certificate is issued.
• The updated details reflect in the Trademark Registry database.

Trademark Restoration Process (If Renewal Deadline is Missed)

If you fail to renew your trademark on time, it is marked as “Removed” in the Trademark Register. However, restoration is possible within a grace period of 6 months to 1 year after expiry.

Steps to Restore a Trademark

Step 1: File a Restoration Request (Form TM-R)

• Submit Form TM-R with a restoration request.
• Pay the renewal fee + late penalty.

Step 2: Registrar’s Review & Decision

• The Trademark Registry reviews the application.
• If approved, the trademark is restored and reinstated in the register.

Step 3: Public Notification & Opposition Period

• The restored trademark is published in the Trademark Journal.
• Third parties may oppose the restoration within 4 months.

Step 4: Issuance of Trademark Renewal Certificate

• If no opposition is filed, the renewed trademark remains valid for another 10 years.

Trademark Renewal & Restoration Fees in India

• Renewal Fee (Before Expiry): ₹9,000 (online) / ₹10,000 (offline)
• Restoration Fee (After Expiry): ₹9,000 + ₹3,000 penalty

Why Trademark Renewal Is Important?

• Protects brand identity from unauthorized use.
• Ensures continued legal rights for enforcement.
• Avoids the risk of cancellation due to non-renewal.

Final Thoughts

To avoid penalties or loss of trademark rights, it’s best to renew your trademark on time. If you miss the deadline, restoration is still an option, but it involves extra costs and legal risks.

Would you like assistance with trademark renewal reminders or a step-by-step guide for filing Form TM-R?