he legitimacy period of the trademark in India is for a time duration of 10 years according to section 25 in the Trade Marks Act, 1999. The listed trademark can be restored for another 10 years with appropriate documentation and fulfilling the essential conditions. Let us have an overview of the processes for the renewal and restoration of trademarks.

Duration to Renew a Trademark

• The renewal can be filed within a time duration of one year preceding to the date of termination as per rules 57 and 58 in Trade Mark rules 2017.
• The renewal can be filed within a time duration of six months former to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
• The renewal can also be filed within a time duration of six months afterward the date of expiry.

Forms

The succeeding forms need to be served for renewal of a Trademark together with the agreed charge.

Form No.	Aim	Charges (physical filing)	Charges (e- filing)
TM-R	Application form for renewal of a listed trademark to be utilized 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	The affidavit supporting the statement of the case	–	–

 

Time Period to Restore a Trademark

Trademark can be restored post six months and well within one year starting from the date of expiration of the previous registration of the mark.

Forms

The subsequent forms must be delivered for renewal of a Trademark together with the charge.

Form No.	Aim	Charges (physical filing)	Charges (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 backing the statement of the case	–	–

The subsequent associates can file the requests for renewal or restoration

• The proprietor of the registered trademark

A mediator related with the registered trademark