In India, trademarks are registered for a period of 10 years from the date of filing the application, after which they need to be renewed for continued protection. The renewal process ensures that a trademark remains valid and enforceable.
Here’s a step-by-step guide on the trademark renewal process in India:
1. Time for Renewal
- Trademarks in India can be renewed within 6 months before the expiry of the 10-year period from the date of registration.
- The grace period for renewal is 6 months after the expiration date. During this grace period, a late fee is applicable.
2. Documents Required for Renewal
To renew your trademark, you’ll need the following documents:
- Form TM-R: This is the official form for renewing a trademark in India. It needs to be filed with the Registrar of Trademarks.
- Power of Attorney (if filed through a trademark attorney): A signed Power of Attorney is required if the application is filed through an agent or attorney.
- Trademark Registration Certificate: A copy of the registration certificate might be required for reference.
- Fee Payment: The appropriate renewal fee should be paid as per the number of classes the trademark is registered under.
3. Renewal Application Process
The trademark owner (or their authorized agent) needs to file the Form TM-R online or offline with the Registrar of Trademarks:
- Online Filing: It’s recommended to file the renewal application online through the IP India website (https://ipindiaonline.gov.in). You will need to create an account and submit the form electronically.
- Offline Filing: If you prefer filing physically, you can submit the form at the relevant Trademark Office (Delhi, Mumbai, Chennai, or Kolkata), along with the required documents and fees.
4. Fee for Trademark Renewal
The fee for trademark renewal is determined by the number of classes the trademark is registered under. As of the latest fee structure:
- For Individual/Startup/Small Enterprise: ₹4,500 per class.
- For Others: ₹9,000 per class.
If you file after the expiry date but within the grace period (6 months), an additional late fee will apply.
5. Grace Period for Renewal
- You can renew your trademark within 6 months after the expiration date. The Registrar allows a grace period after the expiration, but there will be an additional late fee applicable.
- If the trademark is not renewed within the grace period, the trademark will be removed from the register and will no longer be protected.
6. Acknowledgement of Renewal
After filing the renewal application, the Registrar will process the request and, upon approval, issue a renewal certificate. This certificate will confirm that the trademark has been successfully renewed and continues to be protected for another 10 years from the date of renewal.
7. Failure to Renew
If the trademark is not renewed in time and falls into the public domain (after the expiration date and grace period), the trademark owner will lose all rights to the trademark, and it may be registered by another party.
8. Important Considerations
- Timely Renewal: To avoid any complications or additional fees, it is crucial to renew the trademark before its expiration.
- Multiple Class Registration: If your trademark is registered in multiple classes, you will need to renew the trademark for each class separately, and fees will apply for each class.
- Notification from the Registrar: The Registrar may send a reminder about the renewal, but it’s your responsibility to ensure timely renewal.
Summary of Trademark Renewal Process in India:
- Renewal Period: File the renewal application 6 months before expiration (or within the 6-month grace period).
- Required Documents: Form TM-R, payment of fees, Power of Attorney (if applicable).
- Filing: Submit the application online or offline.
- Fees: ₹4,500 per class (individual/startup) or ₹9,000 per class (others).
- Grace Period: A 6-month grace period is provided with an additional late fee.
- Renewal Certificate: Upon successful renewal, you will receive a renewal certificate confirming the continued protection of the trademark.
This process ensures that your trademark remains valid for another 10 years and maintains its protection against infringement.