The sole purpose of a business enterprise to use a trademark is to ensure that the manufactured products and offered services stand out and are easily distinguishable from several other similar products and services from an entirely different business. You will witness that the trademark logos, symbols, names, and labels are represented with the letter ‘R’ in a relatively small size at the end. Under the Trade Marks Act, 1999, a business organization can get its trademark registered. However, keep in mind that a business cannot register a trademark if it contains state or central government symbols, non-distinct, and offensive representations.

According to Section 25 in the Trade Marks Act, 1999, only for a period of ten years, a trademark remains valid. A business needs to carry out requisite documentation and fulfil the eligibility requirements to renew the registered trademark for another ten years when the validity period gets over. Here are certain key things that businesses need to take into account and follow for the renewal and restoration of the registered trademark.

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  Trademark Renewal Duration

  • As per rules 57 and 58 in Trade Mark Rules, 2017, a business can file a renewal of its trademark within one year before the expiry of the validity period.
  • As per rules 63 and 64 in Trade Mark Rules, 2002, a business can file the trademark renewal within six months before the validity period’s expiry.
  • A business also has the option to file a renewal of its trademark within six months after the expiry of the validity period.

  Trademark Renewal Forms

  Form No.	Objective	Cost (e-filing)	Cost (conventional filing method)
  TM-R	Application form to renew the registered trademark that a registered business owner will use	Rs.9,000	Rs.10,000
  	Application form to renew with a surcharge of Trademark registration	Rs.5000 + Renewal fee	Rs.4500 + Renewal fee
  TM-18	Affidavit form that corroborates the statement of the case	Rs.5000 + Renewal fee	Rs.4500 + Renewal fee

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  Compulsory Notice from the Office of the Registrar of Trademarks

  The proprietor of every business possessing a registered trademark receives a compulsory notice from the Office of the Registrar of Trademarks when only six months are left for the trademark validity period to end. The notice informs a business possessor about the deadline to renew the registered trademark. If the trademark renewal is not done within the stipulated time, the consequences can be immensely harsh to such an extent that the trademark will be removed from the Register of Trademarks.

  A business can renew its registered trademark even after failing to do so within the designated period by filing an application for trademark restoration along with the necessary fee.

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  Trademark Restoration Duration

  A business is allowed to restore the registered trademark even after six months or within a year from the date of the expiry of the validity period of the previous trademark registration.

  Trademark Restoration Forms

  Form No.	Objective	Cost (e-filing)	Cost (conventional filing method)
  TM-R	Application form to renew with a surcharge or restoration or renewal of a Trademark	Rs.9000 + Renewal charge	Rs.10,000 + Renewal charge
  TM-18	Affidavit form that corroborates the statement of the case	Rs.9000 + Renewal charge	Rs.10,000 + Renewal charge

  Here are the members who are eligible for filing the applications for trademark renewal/restoration:

  • The owner of the registered trademark
  • A third-party closely associated with the registered trademark

  Click here to obtain more information about a trademark restoration filing and documentation.