How to Renew a Trademark in Sikkim: Steps, Fees & Documents Required

Updated on April 23, 2025 02:55:02 PM

Your brand name is one of the valuable assets you possess, and legally managing it shall be the successful way of your next step. The trademark you register in the Sikkim state shall remain yours for 10 years under the Trade Marks Act, of 1999. If you want to continue retaining exclusive rights over the name of your company, your logo, and also over your motto, you shall renew the trademark before it expires.

if you do not renew it by the deadline, it gets erased from the register, so it could get voluntarily used by any other party or even exploited by them. In an attempt to avoid any chance of legal issues, you must get familiar with the renewal process of a trademark in Sikkim, documents, and fees. In this article, you will get an overview of the Sikkim trademark renewal process including essential processes, necessary due dates, and steps so you can lawfully secure your brand.

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What Is Trademark Renewal?

The renewal of Sikkim trademarks permits firms to renew the registration period of the registered trademarks beyond the initial ten-year period under the Trade Marks Act of 1999. In order to legally secure their trademarks, firms must file Form TM-R alongside the fees by the time when the trademark crosses over its period of expiry or while it still has the grace period of six months. Periodic renewals also secure your brand name, logo, as well as tagline, so that no other person has the power to use your trademark and release it to the market. If the renewal of trademarks does not occur by an exact time, it wil get removed from the register and released to other persons. Renewal of trademarks by time saves firms from legal problems as well as license conflicts, or conflict over rights.

Benefits of Trademark Renewal

The renewal process of a trademark brings essential benefits which protect your brand and enhance its power. Trademark renewal provides multiple essential benefits because of the following reasons:

  • Legal Protection:  Your ongoing renewal of a trademark protects your sole usage rights of the mark. Failure to renew trademarks on time will result in the loss of protection rights which creates space for unauthorized activities.
  • Brand Value: Your brand significant worth which comes from having a recognizable trademark. The ongoing renewal process protects your brand value while stopping any potential harm to your reputation.
  • Ease of Enforcement:  If your brand owns a valid trademark you will find it simpler to pursue legal actions against companies who want to use your name without permission. The failure to renew your trademark creates the requirement to rebuild your entire trademark registration process which could result in larger trademark registration fees together with additional administrative requirements
  • Strategic Advantage: Brand recognition along with brand strength depends on making timely trademark renewals. The renewal of trademarks is an essential activity that helps protect market standing and consumer faith within India's evolving business environment.

Documents Required for Trademark Renewal in India

An Indian trademark renewal process demands submission of several documents including TM-R filled form with the application for renewal and original application TM and all proof of trademark usage.

  • The owner must submit an already completed Trademark Renewal Application Form (TM-R).
  • Copy of the Trademark Registration Certificate
  • Copy of the Original Trademark Application (TM-A)
  • Aadhar, PAN, or Passport with owner identification documents or a government-authorized identification is needed for proof.
  • Power of Attorney (if an authorized agent or representative is filing the renewal on behalf of the applicant)
  • Evidence of trademark utilization becomes a necessary requirement when requested by the trademark office.

Trademark Renewal Fees in India

To renew a trademark in India, specific forms must be submitted along with the applicable fees. The details are as follows:rademark renewal fees depend on the mode of filing (online or offline).

Form No. Purpose Fee for Physical Filing Fee for E-Filing
TM-R Application for trademark renewal, submitted by the registered owner ₹10,000 ₹9,000
TM-R (with surcharge) Application for renewal after the due date, including a late fee ₹5,000 + Renewal Fee ₹4,500 + Renewal Fee
TM-18 Affidavit supporting the case statement (if required) Not Applicable Not Applicable

For exact figures and any updates on trademark fees in India, refer to the official portal of the Trademark Registry or consult a legal expert.

Step-by-Step Process: E-filing Trademark Renewal

Here’s how you can renew your trademark online in India to maintain exclusive rights and legal protection.

Step 1: Log In to the IP India Portal

Visit the IP India website (https://ipindia.gov.in) and access the trademark e-filing portal. Log in using your registered credentials. If you don’t have an account, create one using your email ID, mobile number, and digital signature (if required).

Step 2: Select and Fill the Renewal Form (TM-R)

Go to the Trademark Renewal section and select Form TM-R. Enter your trademark registration number and fill in details like owner’s name, address, and nature of the mark (word, logo, or slogan). Upload necessary documents, including the trademark registration certificate and identity proof.

Step 3: Pay the Renewal Fee

Choose your filing mode

  • E-Filing: ₹9,000 (faster processing)
  • Filing Manually: ₹10,000 (Time Consuming, Expensive)
  • Late renewal (post-expiry): E-filing surcharge of an additional ₹4,500 or manual filing: ₹5,000

Step 4: Submit and Download Acknowledgment

Once the application is submitted successfully, download the acknowledgment receipt along with the reference number. Keep this receipt as your confirmation that your renewal request is being processed and as proof of submission.

Step 5: Track Status and Download the Renewed Certificate:

You can check the application status on the IP India portal using the reference number. When it’s approved, download your renewed trademark certificate—-which extends your legal protection for another 10 years of your business.

Timeline and Deadlines for Trademark Renewal

You will avoid both multiple fees and restoration costs when you renew your trademark on time

  • Renew Before Expiry: Trademark renewals should be performed from 6 months before expiration until the last day of validity.

  • Grace Period:You get a 6-month grace period with extra charges to renew after the initial 10-year period expires when you fail to renew your trademark.

  • Restoration: The trademark becomes discontinued from the register if the grace period expires. A restoration request needs filing with additional fees which requires valid reasons explaining the non-renewal.

Restoring an Expired Trademark

If the trademark is not renewed within the given time, it can still be restored. Under Section 25(4) of the Trademark Act, 1999, an applicant can apply for restoration within six months to one year after the renewal deadline. The required documents for restoration are:

  • Trademark Restoration Application (TM-R with late fees)
  • Affidavit explaining the delay (if required)
  • Proof of Trademark Usage (if requested by the authorities)
  • Additional Government Fees for Restoration

Common Mistakes and How to Avoid Them

  • Missing Deadlines: Forgetting renewal dates can lead to trademark expiration and legal complications. Set reminders or hire a professional to track important deadlines and ensure timely renewal.
  • Incorrect Details: Errors in the owner’s name, address, or other details can cause delays or rejection of the renewal application. Always double-check all information before submission to avoid unnecessary issues.
  • Paying the Wrong Fees:  Using outdated fee schedules or mistakenly paying trademark registration fees instead of renewal fees can complicate the process. Verify the latest fee structure on the official website before making any payments.
  • Failing to Update Contact Information: Not updating the current address or email can result in missed communication from the Trademark Registry. Ensure that all contact details are accurate and up to date in the e-filing system to receive important notifications.
  • Trademark Certificate Download and Post-Renewal Steps

    After the renewal process is completed and approved, you can download the trademark certificate (or a renewed registration confirmation) from the official portal. Here’s what to do next:

    • Verify Details: Ensure the renewed certificate displays correct owner details, class, and trademark.
    • Maintain Proper Records:  Keep digital and physical copies of the renewal certificate. This helps in quick reference during legal disputes or compliance checks.
    • Mark Your Next Deadline: The newly renewed trademark is valid for another 10 years. Mark your calendar to repeat this trademark renewal process before the next expiry.

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    Conclusion

    In the end, the renewal of Sikkim trademarks is a complex legal process to obtain the exclusive rights of the brand and ensure single ownership. If you renew your trademark on time, the identity of your company is protected from unauthorized use and court cases. Under Trade Mark Act of 1999 has an easy system for renewal documents, fees, and processes so there are no problems. Companies must track renewal due dates and verify the timely payment of fees. A renewed trademark protects the reputation and credibility of your brand, as well as legal protection, for an added period of 10 years. By staying compliant with trademark law, Sikkim companies can secure their intellectual property as well as boost their presence in the market.

    Frequently Asked Questions (FAQs)

    What is the government fee for trademark renewal in India?

    The govt fees for trademark registration in India are distinct from the renewal fees. Check the official IP India portal for the latest schedules. E-filing often has lower fees than manual submission.

    How soon can I file for renewal?

    You can start the renewal process up to one year before the mark’s expiry date.

    What if my trademark has already expired?

    You typically have a 6-month grace period to renew by paying a surcharge. After that, you may need to file for restoration.

    Can I download my trademark certificate online?

    Yes, after registration or renewal, you can complete a trademark certificate download from the IP India portal.

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