A trademark has significant value as an intellectual property asset to any business. It serves to establish the brand and build trust with customers, as well as protecting that brand from being used without your permission. In India, upon registration, a trademark is valid for 10 years from date of submission and requires renewal within this same timeframe to ensure continuous protection. If not renewed on time, a trademark may be removed from the Register exposing you to legal and commercial risk. The most frequently asked question by Trademark registrants is what attachments to submit for TM-R (Trademark Renewal) when filed by the registrant themselves prior to the expiration of their trademark. Knowing this in advance minimizes objection or delay and the possibility of encountering excessive compliance issues. The purpose of this blog details the attachments required for TM-R filing by the proprietor before the expiration, explains the Trademark Renewal process, legal issues to consider, and common mistakes to avoid when applying for trademark renewals.
Understanding Trademark Renewal in India
The Trade Marks Act, 1999, together with the Trade Marks Rules, 2017, govern the renewal of a trademark. A trademark must be renewed every 10 years from the date of registration in order to maintain statutory protection.
Renewal applications can be filed:
• Before the expiry date of your trademark Renewing prior to the expiration of your trademark has minimal documentation and is simple.
• After the expiry date of your trademark, but within a 6-month period from the expiry date – Fail to renew the trademark will incur a late fee when filed.
• After the trademark was removed from the register and cannot be renewed – The process will be more tedious, as restoration of the mark will be required.
Filing renewals on time ensures that you:
• Continue to enjoy exclusive rights to your trademark;
• Remain protected against infringement of your trademark; and
• Preserve the value of your brand; and
• Avoid penalties or restoration processes.
The majority of businesses that use a Trademark Renewal Service in India do so because they wish to avoid making compliance mistakes and failing to meet renewal timelines.
What Is TM-R Form?
TM-R refers to the official form used to:
If the trademark owner submits TM-R prior to the expiration date, it is treated as a regular renewal application and no further justification or documentation is required for any restoration.
Who Can File TM-R Before Trademark Expiry?
A TM-R can be filed by:
This blog article will discuss specifically Proprietor filed Trademark Renewal Applications prior to expiration; these applications will generally require less documentation than Agent filed applications.
Attachments Required for TM-R When Filed by the Proprietor Before Expiry
A simple submission of documents is required when the owner of the TM directly submits their trademark renewal application prior to the date due; however, it is important to ensure that the documents submitted are complete and accurate to prevent an objection or delay in processing the renewal of their trademark registration.
1.A copy of the Trademark Registration Certificate
This is the only required supporting documentation.
Reasons it is required:
• To provide confirmation that the particular Trademark is registered in accordance to the regulations
• To confirm the Trademark Registration Number and class, as well as the ownership of the trademark.
Important Notes:
• It must match what is entered on the application (TM-R)
• A soft copy (pdf) of the certificate will suffice as long as it is not unclear.
• The copy downloaded from IP India must be legible so that all information can be verified.
If an owner loses the original Certificate of Registration, he/she may download a copy from the IP India Portal.
2. Proof of identity of the owner of the trademark
If the owner brings his/her own application in person, a copy of his/her proof of identity can verify whether the applicant is the true owner of the trademark application submitted.
The following forms of identity are acceptable:
• PAN Card
• Aadhaar Card
• Passport
• Voter ID
Important considerations:
• Name must match trademark registry records
• Individual proprietors must submit personal ID
• For sole proprietorships, individual ID is still mandatory
This attachment is often overlooked but plays a key role in smooth processing.
3. Address Proof of the Owner
The applicant's address must also be verified. Address verification is accomplished by examining the proof that the applicant supplied.
The following documents are acceptable for this type of verification:
• Utility bill (for example; electricity, water etc)
• Bank statement
Why is this document necessary?
• It will be used to send official notices to the applicant from the Trademarks Registry.
• The applicant's name and address must match those on their trademarks record.
• It will assist the registry in avoiding discrepancies throughout the verification process. 4. Details of Trademark (If Applicable)
Although it is not often necessary to submit trademark details as a separate supporting document, the applicant should have details available on their trademark such as:
• application/registration number
• the class of the trademark
• the application date of the trademark
• the current status of the trademark.
If the registry has any questions or concerns regarding inconsistencies in relation to this information, they may contact the applicant for clarification or require the applicant to provide additional information with regard to this information.
5. Affidavit (Only If an Exception Exists)
Generally, an affidavit is not necessary when the balloting application (if the proprietor submits the original application) is filed with the Trade Marks Registry before the time limits stated on the notice of the application. However, if any of the following occur, an affidavit may be needed:
• There is a small difference in the proprietor's name
• The proprietor's address has not been modified after a change
• the registry raises a request for clarification regarding any of the above.
In all situations an affidavit must be properly notarized.
Attachments NOT Required When Filed by the Proprietor
An important note about the trademark renewal process. The client does NOT need to provide the following documents to their attorney when submitting the client's trademark renewal application; Providing the following documents is optional, when submitting this application:
• Power of Attorney (Form TM-48)
• Authorization Letter
• Affidavit of Use (unless requested)
• Agent/Attorney Instruction to File
The trademark renewal process will be made much easier because of the elimination of these documents.
Summary Table: Attachments Required for TM-R (Before Expiry)
Document
Required?
Trademark Registration Certificate
Recommended
Proprietor Identity Proof
Yes (Individuals)
Address Proof
Only if updated
Affidavit of Use
Conditional
Power of Attorney (TM-48)
Not Required
Step-by-Step Trademark Renewal Process (Self-Filing)
If you understand the Trademark renewal procedure, this step will help assure that your documents will be uploaded properly.
Step 1: Check the Trademark's status
• IP India's Trademark webpage.
• Confirm that the trademark is registered; it isn't expired.
Step 2: Gather requirements
• Copy of registration certificate.
• Copy of your Identification/Address proof.
• (Optional) Supporting documentation.
Step 3: File Form TM-R electronically
• Select the trademark you wish to renew.
• Select "Renew" as the reason for filing.
• Upload required documents from the above steps.
• Pay the Government Fee.
Step 4: Acknowledge & Examine Renewal
• Application number created.
• Ensure the registry will review all information submitted.
Step 5: Acknowledge Trademark has been Renewed
• Trademark record will show that trademark is now valid for an additional 10 years.
Information You Must Ensure Is Correct (Even Without Attachments)
Accurate information is vitally important when submitting a Trademark Renewal Application – even if you do not attach many papers or documents. Make sure you provide the following items accurately:
• The Trademark Registration Number
• The Class/Class(es) of the Trademark
• The Proprietor’s Name (must match exactly as registered)
• The Proprietor’s Address
• The Trademark’s Current (Active) Status
If any information is entered incorrectly on the application, it can result in an objection or delay.
Key Details to Check Before Filing TM-R
Although there are not many attachments, it is extremely important that you have accurate information regarding the application details. You should ensure that:
Mistakes in this area can result in:
Due to the potential compliance risks involved with filing an application to renew a trademark, many businesses hire a professional Trademark Renewal Service in India to help them.
Benefits of Filing Trademark Renewal Before Expiry
Even though many businesses still use Professional Trademark Renewal Service Providers to avoid mistakes, Informed Proprietors can file and be successful on their own.
What Happens If a Proprietor Fails to Renew a Trademark?
Failing to renew a trademark can have serious legal and commercial consequences.
1.Removal from Trademark Register
If the trademark is not renewed as set forth by the time prescribed by the registrar, the registrar may deregister the trademark.
2. Loss of Exclusive Rights. Once deregistered/verifying the title has been revoked:
3. Risk of Another Party Registering the Same/Likely Trademark.
If the trademark is not renewed and remains unaffiliated, a third party may:
In this instance, the original registrant may:
4. Costly Legal Disputes
Recovering a lapsed trademark often involves:
• Negotiating/trial costs (potential opposition proceedings);
• Potentially negotiate a lot of time on the process of successfully registered;
• Other associated litigation costs;
Due to the significant costs and risks associated with the above listing, many businesses rely on an indirect trademark renewal service that has been established in India to assist with maintaining deadlines.
Importance of Filing TM‑R Before Expiry
Advantages of filing before expiration include:
1. No late fees or penalties;
2. Requires less documentation to file;
3. Registry will process faster;
4. Minimizes possibility of having your trademark removed.
Many businesses in India use a Trademark Renewal Service to help prevent deadlines from being missed or documentation errors from occurring.
Impact of Timely Trademark Renewal on Business
A renewed trademark provides:
• Protection from others using the same brand
• Increased ability to enforce the exclusive use of your mark
• Greater brand value
• Increased trust and recognition among consumers
If you do not renew your trademark, it may lessen your ability to legally enforce rights against infringement, which opens up to risk.
Consequences of Incorrect or Missing Attachments
Filing a trademark renewal application prior to the expiration date can have serious repercussions if mistakes are made:
• The Trademark Registry may raise objections,
• Renewal approvals could be delayed,
• The trademark may show as "expired" on the database,
• Legal and compliance costs may increase due to errors.
Therefore, many trademark owners will use a professional trademark renewal service instead of submitting their own application, even though they have the ability to do so on their own.
Common Mistakes to Avoid in Trademark Renewal Applications
Errors, even though they are minimal, can lead to unnecessary delays.
• Filing after its expiration date
• Providing an incorrect trademark application number
• Selecting the wrong class
• Mismatching the proprietor's name
• Attachment that was optional but could have been helpful Missing
If you avoid these mistakes it should lead to a successful Trademark Renewal process.
Conclusion
The filing of Form TM-R for extending the use of a trademark before its expiration date is one of the easiest compliance requirements under Indian Trademark law, especially when the owner files the application. The documentation that must be submitted with an application for renewal of trademark registration is limited, and most applications do not require a submission of anything other than the basic details relating to the application. However, if the owner of a trademark submits some supporting documentation, such as a Certificate of Registration of the trademark with their application, it may assist to expedite the verification process by reducing the number of objections raised against the renewal of the trademark registration. The renewal of trademarks in India requires the owner to be aware of the entire trademark renewal process, to adhere to the timeframes for filing their renewal application and to be accurate in completing their renewal application so that they can maintain one's trademark registration without interruption. Trademark owners are permitted by law to file for renewal of their own trademarks; however, business owners that have a substantial portfolio of trademark registrations may find that retaining the services of a qualified trademark renewal service in India will provide an added level of assurance regarding continuing franchise operations, especially in light of the increasing value of many brands. Also, timely filing of trademark renewal applications provides necessary legal rights for use of one's trademark and evidences a continuing commitment to maintaining and enhancing one's brand through long-term brand recognition in the market.
FAQs
1. Is any attachment mandatory for TM-R when filed by the proprietor? In most cases, no mandatory attachment is required. However, attaching the registration certificate is recommended.
2. Is Power of Attorney required if the proprietor files TM-R? No. Power of Attorney is only required when an agent or attorney files the application.
3. Can trademark renewal be filed before expiry? Yes. Renewal can be filed anytime within six months before the expiry date.
4. What happens if I miss the renewal deadline? You may still apply with a surcharge or seek restoration, but additional fees and documents will be required.
5. How long does trademark renewal take? If filed correctly, renewal is usually processed within a few months, depending on Registry workload.
6. Is a Trademark Renewal Service mandatory? No, it is optional. However, many businesses prefer professional assistance to avoid errors.
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