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Basic
Drafting and filing of trademark renewal application. For individuals, proprietorships, registered SMEs and registered Startups. Inclusive of government fee and service tax.
Premium
Drafting and filing of trademark renewal application along with MSME registration certificate. Inclusive of government fee and service tax.
Standard
Drafting and filing of trademark renewal application. For entities without Startup or MSME registration. Inclusive of government fee and service tax.
A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems.
The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. Let us have a look at the procedures to the renewal and restoration of trademarks in this article.
The following forms must be provided for renewal of a Trademark along with the allotted fee.
Form No. | Purpose | Cost (physical filing) | Cost (e- filing) |
---|---|---|---|
TM-R | Application form for renewal of a registered trademark to be used by the registered proprietor | Rs.10,000 | Rs.9000 |
Application for renewal with a surcharge of registration of a Trademark | Rs.5000 + Renewal fee | Rs.4500 + Renewal fee | |
TM-18 | Affidavit in support of the statement of the case | – | – |
The Office of the Registrar of Trademarks will send a notice six months prior to the proprietor informing about the deadline for renewal of the trademark. Upon non-renewal of the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.
However, the Trademark can be restored by filing an application along with the required fee.
Duration to Restore a Trademark
Trademark can be restored after six months and within one year from the date of expiration of the last registration of the mark.
The following forms must be provided for renewal of a Trademark along with the fee.
Form No. | Purpose | Cost (physical filing) | Cost (e- filing) |
---|---|---|---|
TM-R | Application for renewal with surcharge/ restoration and renewal of a Trademark | Rs.10,000 + Renewal fee | Rs.9000 + Renewal fee |
TM-18 | Affidavit in support of the statement of the case | – | – |
To know more about filing and documentation for restoring a trademark, click here.