Trademark Renewal Fees and Its Breakup: Addressing Human Mistakes in India

Trademark renewal is a key process for businesses in India to maintain the legal protection of their brand identity. Under the Trade Marks Act, 1999, a trademark is valid for 10 years from the date of registration and can be renewed indefinitely for successive 10-year periods. However, the renewal process involves several steps and associated fees, and human errors can complicate matters.

Trademark Renewal Fees in India

The fees for trademark renewal in India depend on the type of applicant (individual, startup, small enterprise, or large company) and the mode of filing (online or offline). Here’s a detailed breakup of the fees:

1. Basic Renewal Fee

• Online Filing: ₹9,000 per class (for individuals, startups, and small enterprises) or ₹10,000 per class (for others).
• Offline Filing: ₹10,000 per class (for individuals, startups, and small enterprises) or ₹11,000 per class (for others).

2. Late Renewal Fee (Grace Period)

If the trademark is not renewed before the expiration date, it can still be renewed within six months (grace period) by paying an additional late fee:

• 4,500 per class (for individuals, startups, and small enterprises).
• 5,000 per class (for others).

3. Restoration Fee

If the trademark is not renewed even within the grace period, it can be restored within one year of expiration by filing a restoration application along with the renewal fee and an additional restoration fee:

• 9,000 per class (for individuals, startups, and small enterprises).
• 10,000 per class (for others).

4. Professional Fees

Many businesses hire trademark attorneys or agents to handle the renewal process. Their fees typically range from ₹2,000 to ₹10,000, depending on the complexity of the case and the professional’s experience.

Steps in the Trademark Renewal Process

The trademark renewal process in India involves the following steps:

1. Filing the Renewal Application (Form TM-R):
• The applicant must file Form TM-R online or offline before the expiration date or within the grace period.
• The form requires details such as the trademark registration number, class of goods/services, and owner’s information.
2. Payment of Fees:
• The applicable renewal fee must be paid along with the application. Late fees or restoration fees are added if applicable.
3. Examination by the Trademark Registry:
• The Trademark Registry examines the application for accuracy and completeness. If any discrepancies are found, the applicant is notified.
4. Issuance of Renewal Certificate:
• Once the application is approved, the Trademark Registry issues a renewal certificate, and the trademark remains valid for another 10 years.

Common Human Mistakes During Trademark Renewal

Human errors can occur at any stage of the renewal process, leading to delays or even the loss of trademark rights. Some common mistakes include:

1. Missed Deadline:
• Forgetting to file the renewal application before the expiration date or within the grace period.
2. Incorrect Information:
• Providing wrong details in the renewal application, such as an incorrect trademark number or owner’s name.
3. Non-Payment of Fees:
• Failing to pay the required fees or paying the wrong amount.
4. Failure to Update Records:
• Not updating changes in ownership, address, or business structure with the Trademark Registry before renewal.
5. Ignoring Official Communications:
• Overlooking notices or objections from the Trademark Registry.

How to Address Human Mistakes in Trademark Renewal

If a mistake occurs during the renewal process, it can often be rectified by taking the following steps:

1. Filing a Request for Correction:
• If incorrect information is provided in the renewal application, the applicant can file a request for correction (Form TM-16) along with the prescribed fee (₹900 for online filing or ₹1,000 for offline filing).
2. Restoration of Trademark:
• If the trademark is removed from the register due to non-renewal, the applicant can file a restoration application within one year of expiration. This involves paying the renewal fee, late fee, and restoration fee.
3. Responding to Objections:
• If the Trademark Registry raises an objection, the applicant must respond within the stipulated time frame, providing clarifications or supporting documents.
4. Seeking Professional Help:
• Engaging a trademark attorney or agent can help avoid mistakes and ensure a smooth renewal process. Professionals can also assist in rectifying errors and handling legal disputes.

Tips to Avoid Mistakes During Trademark Renewal

1. Set Reminders:
• Use digital calendars or IP management software to track renewal deadlines.
2. Verify Information:
• Double-check all details before submitting the renewal application.
3. Maintain Records:
• Keep a record of trademark usage, renewal certificates, and correspondence with the Trademark Registry.
4. Monitor Trademark Status:
• Regularly check the status of your trademark on the IP India website.
5. Consult Experts:
• Work with experienced trademark professionals to navigate the renewal process.

As a Legal Associate Manager at Compliance Calendar LLP, I specialize in trademark registration, working closely with the prosecution team to help businesses secure their brand identity. My expertise lies in docketing the complexities of Intellectual