Form TM-R: Trademark Renewal and Restoration Form

Short answer: Form TM-R is the form used to renew a registered trademark for a further ten years. It can be filed up to one year before expiry, for Rs 9,000 per class by e-filing. Up to six months after expiry, renewal is still possible with an extra Rs 4,500 surcharge per class. After that, restoration with renewal is possible until one year from expiry.

What Form TM-R is used for

The Trade Marks Rules, 2017 title Form TM-R "Application for Renewal/Restoration of registration of a trademark or for payment of surcharge towards the renewal". Column 6 of the form asks which payment is being made, and there are three options: renewal before expiry, renewal within six months after expiry, and restoration and renewal of a mark already removed. Collective and certification marks are renewed on the same form (Rule 58(4)).

The fee is charged for each class in the registration. Unlike the application fee on Form TM-A, the renewal fee has no lower rate for individuals, startups or small enterprises. The MSME and startup fee concession applies only to the application fee and the expedited examination fee. Other official fees are listed under trademark registration fees in India.

How the ten-year term is counted

Under Section 23(1), a trademark is registered as of the date of the application, and that date is treated as the date of registration. Section 25(1) makes registration last ten years. So the renewal date is counted from the application date, not from the date the certificate was issued. A mark applied for in June 2016 falls due for renewal in June 2026, even if the certificate came in 2018.

Each renewal runs for ten years from the expiry of the last registration (Section 25(2)). Filing early therefore does not shorten the protection.

Some applications stay pending for close to ten years, or longer. Rule 58(2) and (3) deal with this. If the mark is registered within six months before its renewal date, or only after that date, it can be renewed by paying the renewal fee within six months of the actual date of registration. If that fee is not paid, the Registrar removes the mark, subject to the restoration route in Rule 60.

Filing window and the RG-3 notice

Form TM-R can be filed at any time not more than one year before the registration expires (Rule 57(1)). A request filed in time must be allowed unless the mark has been removed or cancelled, or cannot be renewed under the Act, the Rules or an order (Rule 57(2)).

If no renewal has been filed, the Registrar sends a notice in Form RG-3 to the address for service, not more than six months before expiry. It states the expiry date and any conditions for renewal (Rule 58(1), Section 25(3)). Under the old 2002 Rules this was the Form O-3 notice, and many still use that name. The notice goes only to the address for service on record, so an out-of-date address means it may never arrive. It is a reminder, not a substitute for tracking the date.

Courts, including the Delhi High Court, have held that a mark removed without the statutory notice was not validly removed, and have directed restoration. That remedy depends on the facts and needs proper legal advice. It is not a routine alternative to renewing on time.

Late renewal with surcharge, and restoration

If the renewal fee is not paid by the expiry date, the Registrar may remove the mark and advertise the removal in the Journal. The Registrar must not remove it, however, if Form TM-R with the surcharge is filed within six months from expiry (Rule 59, proviso to Section 25(3)). The registration is then renewed for ten years from the expiry of the last registration.

Restoration covers the next stage. After six months and within one year from expiry, Form TM-R can be filed for restoration and renewal (Section 25(4), Rule 60). Restoration is discretionary. The Registrar must be satisfied that it is just to restore the mark, may impose conditions, and must consider the interests of anyone affected in the meantime. Once one year from expiry has passed, Form TM-R can no longer be used. The usual route then is a fresh application, which gets a new filing date and has to be examined again.

What to check before filing Form TM-R

• The registration number, every class covered and the exact expiry date. Check these in the e-register and the trademark status guide before choosing the TM-R option, because choosing the wrong option means paying the wrong fee.
• The proprietor's name. If the mark has been sold, or the business now runs through a different entity, record the change of ownership first. See trademark assignment and transfer.
• The address for service and email. Update these on Form TM-P if they have changed, so that the renewal notice and later Registry letters reach the right place.
• The fee for every class. A multi-class registration costs the per-class fee times the number of classes.
• The agent's authorisation, if an agent or advocate is filing.
• Whether the mark is in use. Renewal keeps the registration alive but does not cure non-use. A mark that has not been used for a continuous five years can still be removed under Section 47.

After Form TM-R is filed

Once a renewal, or a restoration and renewal, is allowed, a notice is sent to the registered proprietor and every registered user, and the renewal is advertised in the Trade Marks Journal (Rule 61). The new expiry date then shows on the e-register. Keep the filing receipt and a copy of the e-register entry with the mark's records, and note the next renewal date ten years ahead.

For the steps on the e-filing portal, see the trademark renewal process. For help with expired or removed marks, see trademark renewal.