Rs. 12847/- (All Inclusive)
Trademark Renewal filing
A business registers the trademark to distinguish its goods or services from similar goods or services offered by other businesses. Once a trademark is registered, the owner of the trademark can us the symbol “R” with the word or logo as the case may be.
As per the Trade Marks Act, 1999, the registration of trademark is valid for 10 years. The owner of a trademark can renew the trademark registration on completion of 10 years of its registration for a further period of 10 years.
How much does it cost to renew a Trademark:
Timeline for Trademark Renewal
A trademark can be renewed one year in advance and upto six months after expiry. There are provisions of renewing the trademark after six months of its expiry also. The exact timeline for renewal of trademark is given below:
- A trademark can be renewed within one year prior to its expiry by paying normal renewal fees.
- A trademark can also be renewed within six months after its expiry by paying additional fee in form of surcharge
- A trademark can be renewed after six months of its expiry by paying additional fee in form of restoration fee
It is always advised to renew the trademark before its expiry to save on Government Fee and hassles of removal of trademark from Register of Trademarks.
Fee for renewal of Trademark
Application for renewal of a trademark is to be filed by filing form TM – R and TM – 18 which is affidavit in support of the statement of the case.
The trademark renewal filing fee structure is as below:
|Filing Fees for Physical Filing
|Filing Fees for Online Filing
|TM – R
|Application for renewal of registered trademark filed within one year prior to date of expiry
|TM – R
|Application for renewal of registered trademark filed within six months after its expiry by paying surcharge
|Rs. 10000/- + Rs. 5000/- additional fee
|Rs. 9000/- + Rs. 4500/- additional fee
|TM – R
|Application for restoration of registered trademark filed after six months of its expiry by paying restoration fees
|Rs. 10000/- + Rs. 10000/- restoration fee
|Rs. 9000/- + Rs. 9000/- restoration fee
Procedure for renewal of Trademark in India
The validity of a trademark is 10 years. All the registered trademarks have to be renewed at the end of 10 years of its registration. The registrar of trademarks will send a notice for renewal of trademark via email and at the registered address to the official email address 6 months prior to its expiry.
All the trademarks registered in India may be renewed by filing an application for renewal within one year before the expiry of the trademark. Application for renewal of a trademark can also be filed within six months after the expiry of registration of the trademark by paying additional fee.
Documents required for Trademark Renewal in India
We need below mentioned documents for renewal of trademark in India.
- Copy of Registration Certificate
- Identity Proof of the proprietor of trademark
- Address Proof of the proprietor of the trademark
- Power of Attorney in Form TM 48
- Copy of TM – A
FAQs on Trademark Renewal in India
In case of non-renewal of a trademark, the expired trademark is removed from the register of the trademarks. This may allow other businesses to use similar word or mark.
A trademark registration gives exclusive rights to a business to use a particular symbol or word and thereby distinguishing the goods or services offered by the business from those of others. A trademark registration is valid for 10 years from its registration date. Trademark renewal allows continuous right to the business to use the trademark for a further period of 10 years after its expiry.
Validity of a trademark is for 10 years. You can renew your trademark one year prior to its expiry by paying normal renewal fees. Your trademark can also be renewed within six months after expiry by paying additional fees.
A trademark distinguishes goods of services offered by a business from those of others. Non-renewal of a trademark may result in losing the exclusivity or distinctiveness of goods or services offered by a business for years. Therefore it is always beneficial to renew a trademark.
A trademark can be renewed by the trademark holder or an agent authorized by such holder of the trademark. However it is advisable to take help of a professional to avoid delays, errors or hiccups and making sure that the process for renewal of trademark is completed smoothly.
The official fee for offline renewal trademark renewal application is Rs. 10000/-. The online trademark renewal application fee is Rs. 9000/- for one class, if the renewal is applied before the expiry of the trademark.
Besides a power of attorney in Form TM 48, the address and identity proofs of the trademark holder, trademark registration certificate and TM – A are required to apply for trademark renewal.