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Trademark Registration Certificate and Renewal Process in India

A Trademark Registration Certificate is a vital legal document that confirms your exclusive rights over a trademark. It is issued by the Trademark Registrar after the trademark application successfully clears examination, objections, oppositions, and publication stages.

Trademark Registration Certificate : Key Highlights

  • Serves as legal proof of ownership of the trademark.
  • Grants exclusive rights to use the trademark in relation to the registered goods or services.
  • Allows the use of the ® (registered) symbol to indicate legal protection.
  • Essential for enforcing trademark rights against unauthorized users.
  • Valid for 10 years from the filing date and renewable indefinitely.

Key Topic Index

  • Trademark Registration Certificate: Key Highlights
  • Process to Obtain the Trademark Registration Certificate
  • Renewal of Trademark Registration
  • When to Renew?
  • How to Renew?
  • Documents Needed for Renewal
  • Renewal Timeline
  • Important Points to Note
  • Summary Table: Trademark Renewal Costs and Timeline
  • Frequently Asked Questions (FAQs)
  • Why you should choose Make Merchant to register your business?
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Process to Obtain the Trademark Registration Certificate

  1. File Trademark Application: Submit trademark application online with all required documents.
  2. Examination & Objection (if any): The trademark is examined; objections must be replied to in 30 days.
  3. Publication: If accepted, the trademark gets published in the Trademark Journal for 4 months for opposition.
  4. Opposition Period: Address any oppositions filed by third parties.
  5. Registration & Certificate Issuance: After successful clearance, the Registrar issues the official Trademark Registration Certificate.

Renewal of Trademark Registration

Trademark registration is valid for 10 years from the date of filing. Renewal is essential to maintain continuous legal protection.

When to Renew?

  • You may apply for renewal within one year prior to the expiry of the 10-year registration period.
  • There is a 6-month grace period after expiry to renew by paying additional fees.
  • If renewal is not filed within the grace period, the trademark is removed from the register.

How to Renew?

  • File Form TM-R online through the IP India portal to apply for renewal.
  • Pay the prescribed fee (₹9,000 for e-filing; ₹10,000 for physical filing per class).
  • The renewal application doesn't go through examination but is processed as a right.

Documents Needed for Renewal

  • Copy of the Trademark Registration Certificate
  • Copy of the original trademark application (Form TM-A)
  • Identity and address proofs of the applicant
  • Power of Attorney (if filed through an agent)

Renewal Timeline

  • File the renewal before expiry, preferably 6 months in advance to avoid lapsed protection.
  • After renewal, the updated status is published in the Trademark Journal.

Important Points to Note

  • Always keep your trademark registration certificate safely for verification and enforcement.
  • Timely renewal protects your brand and prevents loss of trademark rights.
  • Update ownership or address changes timely with the trademark office to maintain valid registration.
  • Failure to renew within due time might require restoration procedures which attract additional fees and proceedings.

Summary Table: Trademark Renewal Costs and Timeline

Activity Fees (INR) Timeline
Online renewal filing ₹9,000 per class Within 1 year before expiry or 6 months after expiry with surcharge
Physical filing ₹10,000 per class Same as above
Late renewal surcharge ₹4,500 per class Applicable within 6 months after expiry

Frequently Asked Questions (FAQs)

A trademark is a unique symbol, word, logo, or phrase that identifies and distinguishes your goods or services from those of others. It is essential for building brand recognition, protecting your reputation, and legally preventing others from using confusingly similar marks.

You can perform a trademark search on the official government trademark database to find similar or identical marks. This reduces the risk of rejection during registration. It’s recommended to use the public search tool provided by the IP India portal and consider expert help for in-depth clearance.

Documents may include:

  • Trademark representation (wordmark, logo, or design)
  • Applicant’s identity and address proof
  • Business registration certificate
  • Power of Attorney, if filed through an agent
  • Classification details of goods or services

Typically, the process takes around 12-18 months if there are no objections or oppositions. Delays can occur based on office actions or opponent challenges.

Common refusals include similarity with existing marks, lack of distinctiveness, or descriptive terms. You can respond by submitting evidence of prior use, legal arguments, or amending the application within 30 days of the office action.

When you want to launch your business, Make Merchant is where it's at!

The Trademark Registration Certificate legally confirms your right to use your brand exclusively. Timely renewal and proper record-keeping are pivotal to safeguarding your trademark assets for the long term.

Make Merchant delivers expert support in filing trademark applications, managing objections, securing certificates, and ensuring smooth renewals — empowering your brand with robust legal protection.

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