What is Trademark Renewal?
Trademark Renewal is the process of extending a registered trademark's legal validity for another 10-year term. Since a trademark is valid for only 10 years from the date of application, it must be renewed before the expiry date to maintain exclusive rights over the mark and continue using the ® symbol.
Renewal is done by filing Form TM-R with the Trademark Registry. The renewal application can be filed up to 1 year before the expiry date. If missed, there is a 6-month grace period after expiry to file with additional surcharge. Beyond this, the trademark is permanently removed from the register.
Renewal Timeline
| Period | Action | Additional Fee |
|---|
| Up to 1 year before expiry | File TM-R (recommended window) | No surcharge |
| 6 months before expiry | Ideal filing deadline | No surcharge |
| After expiry (within 6 months) | File TM-R with grace period surcharge | Additional surcharge applies |
| More than 6 months after expiry | Trademark removed from register | Restoration may be possible within 1 year with penalty |
Consequences of Non-Renewal
- Trademark removed from the official Trademark Register
- Loss of all legal protections and exclusive rights to the mark
- Cannot use the ® symbol (legal violation)
- Competitors can legally use or register the same mark
- Lose the ability to sue infringers
- Fresh registration required — losing the original priority date
Can You Modify the Mark During Renewal?
Yes. During renewal, you can make certain modifications to the trademark including:
- Update proprietor name or address
- Modify goods/services description within the same class
- Minor amendments to the mark (subject to Registry approval)
Significant changes to the mark itself require a fresh application rather than renewal.
