How To Renew A Trademark In India

Trademark is a right in perpetuity, subject to it being renewed from time to time and is ‘used’ to avoid non-use cancellation. A registered trademark can be renewed in India for an unlimited number of times on payment of the official fees, failing which the mark becomes liable to be removed from the Register of Trademarks. Trademark renewal is valid for a period of 10 years.

Trademark Renewal Application filing procedure in India

The prescribed period for filing the trademark renewal application under the Trade Marks Act, 1999 (Section 25 (3)) and Trade Marks Rule, 2017 (Rule 57) is anytime not more than one year before the expiration of the last registration of the trademark by paying the prescribed renewal fees, failing which the trademark will be removed from the register.

Proviso to Section 25 (3) of the Trade Marks Act, 1999 further states that the Registrar shall not remove the mark from the register if an application is made for payment of the renewal fee and surcharge within six months after the expiration of the last registration of the trademark. After the expiry of this extended time period the trademark will be removed from the register.

Procedure for renewing a trademark in India is as follows:

Request to renew a trademark in India can be filed within one year before the expiry of the registration/renewal term if accompanied by the requisite renewal fees on the prescribed form.

Request to renew a trademark in India can also be filed within six months after the expiry of the registration/renewal term if accompanied by the requisite late renewal fees on the prescribed form.

Trademark Renewal Filing Fee

The official fee for online filing the renewal for one trademark in one class is INR 9000/-, whereas the official fee for physical filing of a renewal application for one trademark in one class for a company is INR 10,000/- Request to renew a trademark in India can also be filed within six months after the expiry of the registration/renewal term if accompanied by the requisite late renewal fees on the prescribed form.

Is a trademark renewal application examined in India?

 Examination of renewal application is not done in India as filing for renewal within the statutory period is a matter of right. Therefore, if a trademark registration has been renewed within the statutory period with the requisite fee in compliance with the Indian Trade Marks Act, then the same shall be renewed by the Trade Marks Registry.