Question 1

When to apply for Trademark renewal in India?

Accepted Answer

In India, it's important to apply for trademark renewal well in advance of the expiration date of your trademark registration. Specifically, you should start the renewal process at least 6 months before your trademark's expiry date. This early action allows you to ensure a smooth renewal process and helps avoid potential issues that may arise if you wait until the last minute.
Trademark renewal in India can be filed within the 12 months preceding the expiration date of your trademark registration. However, filing for renewal closer to the expiration date can be risky, as any delays or complications in the renewal process could result in the loss of your trademark rights. To maintain continuous protection for your trademark, it's advisable to initiate the renewal process in a timely manner.

Question 2

Can I file my Trademark Renewal Online application after the expiry term?

Accepted Answer

If your licence has already expired, you have 30 days to renew it without incurring any fees. After 30 days, you will be charged the relevant fine if you wish to renew your licence. If a licence is not renewed within five years of its expiration, the holder must submit an application for a new one.

Question 3

How does trademark restoration work?

Accepted Answer

If a trademark has been struck from the Register of Trademarks due to non-renewal, it may be reinstated by filing an application in the specified form for restoration of the mark within one year of the date the mark's most recent registration expired, but no later than six months after that date.

Question 4

Trademark Registration in India can be renewed Trademark Renewal Online) after how many years?

Accepted Answer

The Trademark Act of 1999 specifies a ten-year registration period for trademarks in India. Prescribed renewal costs are necessary for the renewal for an additional 10-year period. Even though a trademark's normal lifespan is 10 years from the date of registration, it may differ in some states.

Question 5

Is Trademark Renewal Process and Trademark Restoration Process the Same?

Accepted Answer

No. In order to keep the Trademark registration permanent, an application for renewal will be filed in Form TM-R with a fee of ₹9000 within one year of the expiry of trademark registration. Whereas, trademark restoration is the process of bringing back the trademark, which is removed from the Register of trademark due to the absence of timely Trademark renewal.

Question 6

How much is the trademark renewal fees in India?

Accepted Answer

For filing an application for renewal of a trademark in one class, ₹9000/- is charged as the official fee for the trademark renewal in India. And, for filing trademark renewal with a surcharge, ₹4500/- is charged in India.