The Trade Marks Act, 1999, and the Trade Marks Rules, 2017 regulate trademark registration renewal and restoration in India. An outline of the main actions and processes required for trademark registration renewal and restoration can be found below.
- Duration of registration:
The registration of a trade mark shall be for a period of ten years initially, and after that it is required to be renewed from time to time in accordance with the provisions of this section.
- Renewal of registration:
- An application for renewal of the registration of a trademark shall be made in Form TM-R (Application for Renewal of Registration) along with the fee of Rs. 9000/- (Rs. 10,000/- in case of physical filing). The application may be made at any time not more than one year before the expiration of the last registration of the trademark. However, it is advisable to file for renewal 6 months before the expiration date to avoid penalties or complications.
Documents Required:
- Form TM-R.
- The registration number of the trademark and details of the trademark (class, owner details, etc.).
- On receipt of the application made by the registered proprietor of a trade mark, the registration of the trade mark shall be renewed for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be, by the Registrar.
- Upon successful renewal, the trademark registration is extended for another 10 years from the date of renewal.
Renewal in exceptional cases where the trademark registration process extends more than ten years
Where, in the case of a trademark the registration of which becomes due for renewal having reference to the date of application for registration, the trademark is registered at any time within six months before the date of renewal or after the date of renewal, the registration may be renewed by the payment of the renewal fee within six months after the actual date of registration and where the renewal fee is not paid within that period, the Registrar shall subject to rule 60, remove the trademark from the register.
- Removal and restoration of registration:
- Mandatory notice by the Registrar of Trademarks before removal of trademark from register
The Registrar shall send, not more than six months before the expiration of registration of the trademark, a notice in Form RG-3 at the address of service informing the registered proprietor of the approaching date of expiration and the conditions, if any, subject to which the renewal of the registration may be obtained.
However, the Registrar may remove the trade mark from the register if at the expiration of registration of the trademark, no application for renewal of the registration has been received.
- Renewal within six months from the expiration of the last registration of the trade mark:
The Registrar shall not remove the trade mark from the register if an application for renewal is made within six months from the expiration of the last registration of the trade mark in Form TM-R along with fees and surcharge as mentioned below:
| Particulars | Physical Filing | Online Filing |
| Fees | 5,000 | 4,500 |
| Surcharge | 10,000 | 9,000 |
| Total | 15,000 | 13,500 |
The Registrar shall renew the registration of the trade mark for a period of ten years under section 25 (2).
- Restoration and Renewal after six months within one year from the expiration of the last registration of the trade mark:
Where the trademark registration is not renewed within six months from the expiration of the last registration of the trade mark, the Registrar shall remove from the register for non-renewal of the trademark registration.
However, the Registrar, if satisfied that it is just so to do, shall restore the trade mark to the register and renew the registration of the trade mark on an application for renewal being made after six months and within one year from the expiration of the last registration of the trade mark in Form TM-R along with fees and surcharge as mentioned below:
| Particulars | Physical Filing | Online Filing |
| Fees | 10,000 | 9,000 |
| Surcharge | 10,000 | 9,000 |
| Total | 20,000 | 18,000 |
The Registrar shall restore and renew the registration of the trade mark either generally or subject to such conditions or limitations as he thinks fit to impose, for a period of ten years from the expiration of the last registration.
Conclusion:
In conclusion, a trademark’s ongoing protection in India is guaranteed by the renewal and restoration procedure. The owner of a trademark can keep their exclusive rights to the mark by renewing it every ten years. Restoration guarantees that the trademark can be resurrected even if the renewal procedure is neglected. To prevent losing their trademark rights, trademark owners must be aware of renewal deadlines and submit the required applications on time.