What is Trademark Renewal?

Trademark renewal is the legal process to extend the protection of your registered trademark beyond its initial 10-year validity in India. Timely renewal ensures your exclusive rights over your brand name, logo, or slogan remain intact, preventing unauthorized use or infringement. Failure to renew can result in removal from the official register, leaving your brand unprotected.

When Can a Trademark Be Renewed?

• Renewal Window: You can apply for renewal up to 1 year before the expiry of your trademark’s 10-year validity.

• Grace Period: After expiry, a 6-month grace period is available to renew by paying a late fee.

• After Grace Period: If missed, restoration along with renewal is required within 1 year after expiry, involving additional fees and justification.

• Reminder: The Registrar issues a reminder notice about 6 months before expiry, but trademark owners are responsible for tracking deadlines.

• Tip: Start renewal 3–6 months early to avoid risks.

Why is Trademark Renewal Important?

1. Maintain Legal Protection: Keeps your exclusive rights active.

2. Prevent Expiry: Avoid automatic cancellation after 10 years.

3. Preserve Brand Identity: Protects your brand’s market reputation.

4. Avoid Infringement: Stops others from using similar marks.

5. Support Business Value: Keeps your brand a valuable business asset.

6. Ensure International Protection: Maintains rights if you’ve extended protection abroad.

Who Can File for Renewal?

• Trademark Proprietor: The registered owner of the trademark.

• Authorized Representative: An agent or attorney with a Power of Attorney from the proprietor.

Important Points About Renewal

• No proof of use is needed for renewal in India.

• Major changes to the trademark require a fresh application.

• Trademarks can be renewed with surcharge if late or restored if lapsed within 1 year.

• If not renewed within one year, the trademark is lost and must be applied for anew.

Documents Required for Renewal

• Copy of Trademark Registration Certificate

• Owner’s name, address, and contact details

• Trademark Registration Number

• Proof of identity (Aadhaar, PAN for individuals; Certificate of Incorporation for companies)

• Authorized agent details (if applicable)

• New trademark representation (if mark is altered)

How to Renew Your Trademark Online?

1. Prepare Form TM-R specifying renewal or restoration.

2. Verify details carefully before submission.

3. Pay government renewal fees online.

4. File the application electronically at the official portal (ipindia.gov.in).

5. Receive electronic acknowledgment with a filing number for tracking.

6. Renewal may be examined or published if changes are made.

7. Receive Trademark Renewal Certificate upon approval, extending protection for 10 more years.

What If an Objection is Raised?

Objections during renewal are rare but may occur due to:

• Significant trademark changes

• Incomplete application

• Opposition from third parties
  You will get an official communication and must respond accordingly.

How to Check Your Trademark Renewal Status Online

You can easily track the renewal status of your trademark application on the official Indian Trademark Registry website. Here’s how:

1. Visit the IP India Website:
   Go to https://ipindia.gov.in, the official site of the Controller General of Patents, Designs & Trade Marks.

2. Access the Trademark Section:
   On the homepage, click the “Trademarks” tab. Then navigate to “Related Links” > “Trademark Application/Registered Mark”.

3. Enter Application Details:
   Input your Trademark Application Number in the search box. You can also search by class, proprietor name, or trademark.

4. View Application Status:
   Click “View” or “Show Details” to see the complete status history, including whether renewal is filed, pending, or processed.

5. Look for Renewal Information:
   Check the status for terms like “Renewed,” “Pending Renewal,” or “Expired” to understand your trademark’s current renewal status.

6. Download or Save the Status (Optional):
   You can take a screenshot or download the page as a PDF for your records.

Trademark Renewal Certificate

The Trademark Renewal Certificate is your official proof that the protection of your trademark has been successfully extended. It is important for:

• Enforcing your legal rights

• Proving ownership in disputes

• Maintaining company records

Key Details on the Renewal Certificate

• Applicant or business name

• Trademark registration number and class(es)

• Renewal date and next renewal due date

• Description or image of the renewed mark

• Registrar of Trademarks and jurisdiction details

• Official seal and digital signature of the Trademark Office

How to Download Your Trademark Renewal Certificate

1. Visit the official IP India website: ipindia.gov.in

2. Go to the “Trademarks” section via the top menu.

3. Click on “Public Search” or “Related Links.”

4. Enter your trademark application/registration number or proprietor name.

5. Access your trademark record to check renewal status.

6. Download the Trademark Renewal Certificate in PDF format if available.

Special Scenarios in Trademark Renewal

1. Renewing During the Grace Period

If you miss renewing your trademark before expiry, don’t worry. There is a 6-month grace period after expiry where you can still renew by paying the normal renewal fee plus an additional surcharge.

2. Restoring a Removed Trademark

If renewal is missed during the grace period, your trademark will be removed from the Register. However, restoration is possible within one year of removal by:

• Filing Form TM-R for restoration and renewal

• Paying the renewal fee plus a higher restoration surcharge

• Providing a valid reason for the delay to the Registrar

• Awaiting the Registrar’s approval, which is discretionary