How I Learned the Hard Way That Trademark Renewal Matters in India 🛡️

When I first asked for a trademark search and successfully secured a registration in India, I breathed a sigh of relief. My brand felt protected—until, nearly a decade later, I received a rude awakening: trademarks must be renewed every 10 years in India. I had assumed registration was a one‑time task. That oversight nearly cost me my brand identity!

Thankfully, I acted in time—but the process was more complicated than I expected. If you’re using TM search or just thinking about registering a trademark, this guide will walk you through the trademark renewal process step‑by‑step, including what happens if you miss the deadline.

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📌 Why Renewal Is Critical (and Often Overlooked)

• Duration: In India, a trademark registration is valid for 10 years from the date of filing, not the grant.
• Grace period: You must renew 6 months before to 6 months after expiry. There’s no discount, just extra fees if you’re late. lawsikho.com+4pleadmasters.com+4depenning.com+4
• Restoration window: If you miss the grace period, you can still restore your mark within one year after expiry—but it costs more and isn’t guaranteed. lawsikho.com

Skipping renewal can result in complete removal from the register—and within just one year, someone else could claim your brand. That’s a nightmare I lived through.

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Detailed Trademark Renewal Process in India

1. TM Search – Verify clearly

Before renewing, run a fresh trademark search to ensure your mark is still active and free of conflicting filings. This step is vital if your brand name or logo has variations.

2. Timing Matters ⏰

• Early renewal: You can file up to 1 year before expiry, per Rule 57. lawsikho.com+1linkedin.com+1ssrana.in+3stratjuris.com+3lawsikho.com+3
• Standard renewal window: Within 6 months before expiry—this avoids late fees.
• Grace period: Up to 6 months after expiry, with surcharge:
  • ₹9,000 online + ₹4,500 surcharge = ₹13,500 per class
  • ₹10,000 offline + ₹5,000 surcharge = ₹15,000 per class pleadmasters.com+3setindiabiz.com+3lawsikho.com+3stratjuris.com+1lawsikho.com+1

3. Form TM‑R & Fee Payment

• Form TM‑R must be filled and submitted via IP India’s e‑filing portal.
• Pay the appropriate fee: ₹9,000 online or ₹10,000 offline for on‑time filing. Add surcharge if late. indiafilings.com+8stratjuris.com+8lawsikho.com+8ssrana.in+1lawsikho.com+1

4. Examination & Journal Publication

Your renewal application isn’t deeply examined like a fresh registration—renewal is a right, not a discretionary review. Once accepted, your renewal is published in the Trademark Journal. depenning.com+6ssrana.in+6lawsikho.com+6

5. Opposition Period

A four‑month window is given for objections. If someone opposes, you can respond or attend a hearing. If no threat arises, proceed.

6. Certificate of Renewal

If all goes well, the Registry issues a renewal certificate, valid for another 10 years. You can download it online or receive it by post, depending on your chosen filing mode. lawsikho.com

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What If You Miss the Deadline?

1. Grace renewal (within 6 months after expiry): just the same procedure plus surcharge. lawsikho.com+1linkedin.com+1
2. Restoration (within 6–12 months post‑expiry):
   • Use Form TM‑R (mark it as restoration)
   • Pay higher fees: ₹9,000 + ₹9,000 online or ₹10,000 + ₹10,000 offline mondaq.com+2pleadmasters.com+2depenning.com+2indiafilings.com+9stratjuris.com

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🌍 Trademark Renewal Worldwide – A Quick Overview

While each country has its own laws and deadlines, the general procedure for trademark renewal worldwide follows a similar structure. Here’s a concise summary:

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🔁 General Trademark Renewal Process (Globally):

1. Validity Period
   • Most countries offer an initial trademark validity of 10 years.IT may vary from countries to countries
   • Some (like the U.S.) may require interim filings (e.g., Declaration of Use between 5th–6th year).
2. Renewal Window
   • Renewal is generally allowed 6 to 12 months before expiration.
   • A grace period of 6 months to 1 year is usually available after expiry (with a surcharge).
3. Filing a Renewal Request
   • Submit the official renewal form to the national or regional trademark office.
   • Pay the prescribed renewal fee (varies by country and number of classes).
4. No Re-examination
   • Unlike new trademark applications, renewals usually don’t require examination unless there are specific objections or changes.
5. Issuance of Renewal Certificate
   • Once processed, a renewal certificate is issued, extending the trademark for another term (typically 10 years).
6. Continuous Use Requirement (in some jurisdictions)
   • Countries like the USA, Philippines, and South Korea may require proof of continued use or intent to use to keep the registration alive.

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🗺️ Some Regional Notes:

• USA 🇺🇸: Requires a Section 8 Declaration of Use between years 5–6, and full renewal (Section 9) every 10 years.
• EUIPO (European Union) 🇪🇺: Straightforward 10-year renewal; must be filed within 6 months before expiry or up to 6 months after with surcharge.
• India 🇮🇳: 10-year term, renewable using Form TM‑R with a 6-month grace and 1-year restoration period.
• China 🇨🇳: 10-year term; 6-month grace period for late renewal with surcharge.

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