Trademark Renewal
Trademark Renewal in India
Trademark Renewal is the process of extending the protection of a registered trademark beyond its initial validity of 10 years. To maintain exclusive rights over your brand, it is mandatory to file a renewal application with the Trademark Registry along with the prescribed fees before the expiration date or within the grace period allowed by law.
Renewing your trademark ensures that:
You retain exclusive ownership rights over the mark.
Competitors are prevented from registering or using a similar mark for identical or related goods/services.
Your brand remains protected indefinitely, as the renewal process can be repeated every 10 years.
You avoid legal and financial risks associated with trademark removal from the registry.
Example
Suppose Tata Motors Limited registered the trademark “TATA” for automobiles in India in 2000. Since trademarks are valid for 10 years, the registration would have expired in 2010. To maintain their exclusive rights, Tata Motors filed for trademark renewal before expiry, thereby securing protection for another 10 years. This cycle can continue indefinitely, ensuring perpetual brand protection.
At Cardiff Service, we provide complete assistance in Trademark Renewal to safeguard your brand identity, avoid legal hurdles, and maintain your market exclusivity.
Suggestions for Trademark Renewal
Timely trademark renewal is essential for businesses to safeguard brand identity, legal rights, and market reputation. To avoid last-minute complications, it is highly recommended to apply for renewal well before the expiry date, ideally six months in advance.
Businesses should:
Track trademark renewal deadlines carefully to avoid surcharge fees or removal from the register.
Use the renewal opportunity to review and update trademark details, such as the class of goods or services.
Conduct a fresh trademark search to ensure the brand remains distinctive and free from potential conflicts.
How Cardiff Service Can Help with Trademark Renewal
At Cardiff Service, we provide end-to-end assistance for trademark renewal, ensuring a smooth and compliant process with Indian legal requirements. Our team:
Monitors renewal deadlines and files applications using Form TM-R on behalf of clients.
Ensures all required documents are filed correctly to prevent delays or rejections.
Offers advisory services such as trademark status checks, brand protection strategies, and legal compliance support.
Provides structured renewal management for businesses with multiple trademarks, ensuring no lapse in protection.
With Cardiff Service, businesses can focus on growth while we take care of trademark compliance and timely renewals.
Consequences of Not Filing Trademark Renewal in India
Failing to renew a registered trademark within the prescribed timeline can result in severe legal, financial, and business risks. Below are the major consequences of not renewing your trademark:
1. Loss of Legal Protection
A registered trademark provides exclusive rights for 10 years. If not renewed, these rights expire, and the mark loses legal protection.
The owner cannot take legal action against infringement or misuse of the trademark.
2. Removal from the Trademark Register
As per Section 25(3) of the Trade Marks Act, 1999, if a trademark is not renewed within the six-month grace period, it can be removed from the official register.
Once removed, the mark becomes available to the public, allowing competitors or third parties to register it.
3. Risk of Brand Identity Loss
Non-renewal allows competitors or other businesses to register an identical or similar mark.
This can damage brand recognition, reputation, and customer trust.
4. Costly Restoration Process
If a trademark lapses, the owner must apply for restoration within one year under Rule 59 of the Trade Marks Rules, 2017.
Restoration involves additional government fees, legal formalities, and the risk of third-party objections.
5. Potential Business Disruptions
Businesses may need to rebrand products, packaging, and marketing materials if a trademark expires.
Rebranding after years of recognition can cause confusion, loss of goodwill, and reduced customer loyalty.
6. Increased Risk of Trademark Squatting
Opportunistic businesses may register the expired trademark and either demand compensation or take legal action.
Recovering the trademark later may require costly litigation.
7. Loss of Licensing and Franchise Agreements
If your brand is part of licensing or franchising agreements, failure to renew may invalidate those contracts.
This could lead to financial losses and disputes with licensees or franchisees.
At Cardiff Service, we ensure your trademark renewal is filed on time, preventing unnecessary risks and protecting your brand identity.
Documents Required for Trademark Renewal in India
1. Trademark Registration Certificate
Proof that the trademark is already registered with the Controller General of Patents, Designs, and Trademarks (CGPDTM).
Includes trademark registration number, date of registration, and class of trademark.
2. Power of Attorney (POA) – Form TM-48
If an agent/attorney files the renewal, a duly signed Power of Attorney (Form TM-48) is required.
Authorizes the agent to act on behalf of the applicant in all trademark-related matters.
3. Copy of Trademark Journal Advertisement
If applicable, a copy of the advertisement published in the Trademark Journal confirming the previous registration.
4. Identity Proof of the Applicant
For Individuals: PAN Card, Aadhaar Card, Passport, or Driving License.
For Companies/LLPs: Certificate of Incorporation, Board Resolution authorizing renewal, and GST Certificate (if applicable).
5. Address Proof of the Applicant
For Individuals: Utility Bill (Electricity/Water), Bank Statement, Aadhaar with Address.
For Companies: Registered Office Address Proof (Utility Bill, Rental Agreement, etc.).
At Cardiff Service, we guide you through the entire trademark renewal process, ensuring that all required documents are properly compiled and filed on time—preventing rejection or delays.
Trademark Renewal Provisions Under the Trade Marks Act, 1999
The renewal of a trademark in India is governed by Section 25 of the Trade Marks Act, 1999. The key provisions are as follows:
1. Section 25(1) – Trademark Validity and Renewal
A registered trademark is valid for 10 years from the date of application.
To continue enjoying exclusive rights, the owner must apply for renewal before expiry.
Renewal extends the protection for another 10 years.
2. Rule 57 of the Trade Marks Rules, 2017 – Application for Renewal
The renewal application must be filed using Form TM-R before the expiration of the trademark.
The prescribed renewal fee must be paid as per the official fee schedule.
3. Rule 58 – Renewal with Surcharge (Grace Period)
If the renewal is not filed on time, the owner can still renew the trademark within 6 months after expiry by paying a surcharge fee.
If not renewed within this grace period, the trademark may be removed from the register.
4. Rule 60 – Advertisement of Renewal
After successful renewal, the Registrar advertises the renewal in the Trademark Journal.
This ensures the renewal is properly recorded and can be accessed by third parties for public awareness.
At Cardiff Service, our experts ensure timely trademark renewal, help you avoid late fees, and safeguard your brand identity without interruptions.
Frequently Asked Questions
A company name search ensures that your chosen business name is unique, legally compliant, and not already registered with Companies House UK. It helps you avoid legal disputes, trademark issues, and confusion in the Cardiff business market.
If your desired name is already registered, you’ll need to choose a different name or modify it. Using a taken name could result in rejection by Companies House or potential legal issues. Our experts can help you brainstorm alternative names that are compliant and market-ready.
It’s not advisable to use a name that’s too similar to another company, especially within the same industry. Similar names can confuse customers and risk trademark disputes. A company name search helps you identify these risks early.
For a company name search in Cardiff, you may need:
Proposed company name
Business entity type (Ltd, LLP, Partnership, etc.)
Jurisdiction (Cardiff / UK)
Owner or shareholder details (if applicable)
Business description
A “high probability” result means your proposed company name is likely to be available, but further checks are recommended. This is why our detailed Cardiff Company Name Search Report includes both identical and similar names for clarity.
Certain words are restricted under UK law (e.g., “bank,” “insurance,” “government”). If you want to use them, you’ll need special approval from regulatory bodies. We guide you through this process if your Cardiff business requires such terms