What is Trademark Renewal in India?
Trademark renewal is a mandatory process that allows a business or individual to maintain the legal protection of their registered trademark under the Trade Marks Act, 1999. A registered trademark in India remains valid for ten years from the date of registration. To continue enjoying exclusive rights, the owner must renew the trademark before its expiry.
Failing to renew a trademark can result in its removal from the Trademark Register and Journal, making the brand name or logo vulnerable to misuse or registration by others. This could lead to loss of legal rights, business reputation, and brand identity.
Renewal not only ensures continuous ownership but also reinforces your brand’s credibility and protection against infringement.
At A2Z Registration, we provide complete trademark renewal services, ensuring you stay compliant and protected without any lapse. Our experts handle all documentation, filings, and follow-ups with the Trademark Registry, giving you peace of mind and uninterrupted brand ownership.
What is a Private Limited Company?
A Private Limited Company is a type of business entity that is privately owned by shareholders. It is one of the most preferred legal structures for startups and small to medium-sized enterprises (SMEs) in India due to its flexibility, limited liability, and credibility.
In this structure, the liability of shareholders is limited to the amount they have invested in the company’s share capital. This means that their personal assets remain protected in case the company faces debts or financial losses.
A Private Limited Company must have a minimum of two and a maximum of 200 shareholders. It operates as a separate legal entity, which allows it to own assets, incur liabilities, and enter into contracts in its own name — independent of its owners.
This structure not only provides financial security but also helps in building investor confidence, enhancing business credibility, and simplifying fundraising opportunities.
Documents Required for Trademark Renewal in India
To successfully renew a registered trademark in India, the applicant must submit specific documents to the Trademark Registry. These documents help verify ownership, authorization, and compliance with renewal requirements under the Trade Marks Act, 1999.
The key documents required include:
Copy of the Original Trademark Registration Certificate – Proof of your existing trademark registration.
Duly Filled and Signed Form TM-R – The prescribed renewal application form for trademark renewal.
Identity and Address Proof – Valid documents establishing the identity and address of the trademark owner or authorized representative.
Power of Attorney (Form-48) – Required if the renewal is filed through a legal representative or trademark agent.
Payment Receipt – Proof of payment of the prescribed government renewal fee.
Supporting Documents (if applicable) – In case of any changes in ownership, address, or applicant details, supporting evidence must be attached.
Timely submission of these documents ensures uninterrupted trademark protection and helps avoid penalties or lapses in registration.
Forms Required for Online Trademark Renewal in India
For online trademark renewal in India, the primary form required is Form TM-R. This form is used to apply for the renewal of an existing registered trademark and must be filed before the expiry of the current registration period.
Key Details About Form TM-R:
Purpose: Used for both standard renewal and renewal involving changes — such as updates to the trademark owner’s name, address, or ownership details.
Where to File: The form must be submitted online through the official website of the Controller General of Patents, Designs & Trademarks (CGPDTM).
Processing: Once filed, the renewal application is reviewed by the Trademark Registry. Upon approval, the trademark is renewed and remains valid for another 10 years.
Importance of Timely Filing
Timely submission of Form TM-R ensures uninterrupted protection of your trademark and prevents additional late renewal fees or complications. Delays beyond the renewal deadline can lead to penalties or even the removal of the trademark from the official register.
Step-by-Step Process to Renew a Trademark (India)
Timely renewal preserves your exclusive rights and keeps your brand protected. Follow these steps for a smooth renewal:
Step 1: File the TM-R Application
The first step is filing the TM-R Application. Our experts will accurately file the TM-R form on your behalf, ensuring that all information is complete and correct to ensure timely processing.
Step 2: Registrar's Scrutiny and Examination
Upon submission, the Registrar conducts a thoroughtrademark search trademark search by way of registrar scrutiny, ensuring the application is complete and in compliance with the law before approving or calling for correction during the review of the application. Our team monitors your application and attends to any clarification or correction if necessary.
Step 3: Publication in Trademark Journal
Once approved, the renewal application is subject to application publication in the government’s official Trademark Journal, updating the records of the trademark and enabling the public to see the renewal status for transparency and opposition. We track the publication and notify you of the status so that nothing gets missed.
Step 4: Issuance of Renewal Certificate
Upon approval, the Registrar issues the renewal certificate for the trademark, formally changing the status of the trademark and extending the protection for the trademark for a further ten years, solidifying the owner’s sole rights. We ensure your certificate is timely issued and forwarded to you, maintaining your trademark lawfully protected.
Trademark Renewal Fees
- Trademark renewal fees differ based on whether the applicant is a small enterprise/startup/individual or a large entity
- Renewal charges are determined by the number of class coverage of the trademark included in the registration
- Procedural fee differences may occur in different jurisdictions across India, although the fees are standardised
- Extra service fees may be charged if renewal is completed through an attorney or agent
- Early renewal prior to the expiry date is not subject to additional fees, promoting timely filing.
Late Renewal Fees
- If the renewal filing occurs past the renewal deadline, late fees are required along with the usual renewal fees.
- Late renewal fees apply during the six-month grace period after the expiry date of the trademark.
- Failure to renew during the grace period leads to being removed from the register and loss of trademark protection.
- Late payment of fees reinstates the trademark’s active status but adds to the overall cost of renewal.
- It is recommended that owners of trademarks prevent late renewals to avoid fines and maintain consistent protection.
What Happens If You Don’t Renew Your Trademark?
Not renewing your trademark prior to the expiry date of the trademark can result in severe legal repercussions. The most direct effect is loss of trademark rights, and you no longer have exclusive ownership of using your mark. This loss opens the door for potential trademark infringement by competitors or unauthorised parties who may register or use a similar mark. Without active registration, it becomes difficult to enforce your rights in court or prevent others from exploiting your brand. Ultimately, missing the renewal deadline jeopardises your brand’s identity, market position, and legal protection, making timely renewal essential.
How to Renew After Missing the Deadline
In case you miss the renewal date, the Indian trademark legislation offers a grace period of six months in which you can renew your trademark at an extra fee for late renewal. This process facilitates trademark restoration, avoiding being removed permanently from the trademark register. Renewal within the grace period restores the active status and legal protection of your trademark without necessitating new registration. But if the grace period runs out without a renewal, the trademark is considered to be abandoned, and you may have to begin the registration process from scratch. Prompt action within this period is essential to protect your brand rights.
Producer Company Incorporation (FPO Registration) – An Overview
Producer company registration is forming a producer company under the Companies Act of 2013. Producer companies are special types of businesses formed by farmers and other agricultural producers to help them market and sell their products more effectively. They have limited liability for their members, which means that the members are not personally responsible for the debts and liabilities of the company.
Benefits of FPO Registration
There are many benefits to registering a Farmer Producer Organization (FPO), including:
Limited liability for members
Members of an FPO are not personally liable for the debts and liabilities of the organisation. This means that their personal assets are protected if the FPO goes bankrupt.
Access to government subsidies and grants
FPOs are eligible for various government subsidies and grants, which can help them finance their operations and grow their business.
Easier access to credit from banks and financial institutions
Banks and financial institutions are more likely to lend money to FPOs than to individual farmers, as FPOs are seen as being more creditworthy. FPOs have a larger pool of assets and members and can negotiate better interest rates.
Increased bargaining power with buyers
FPOs can negotiate better prices for their produce with buyers because they can sell in bulk. This can lead to higher profits for FPO members.
Improved efficiency and productivity
FPOs can help farmers improve their efficiency and productivity by providing access to better inputs, technology, and training.
Better access to markets
FPOs can help farmers to reach new markets and sell their produce at a higher price
Eligibility Criteria for Registering of Farmer Producer Company Online in India
To register a producer company online in India, you must meet the following eligibility criteria:
Minimum number of members
There must be at least 10 producer individuals or at least 2 producer institutions as members.
Minimum number of directors
There must be at least 5 directors.
Minimum capital
The company must have a minimum capital of Rs. 5 lakhs.
Name of the company
The company’s name must end with the words ‘Producer Limited Company’.
Registered office
The company must have a registered office address in India.
Documents Required for Producer Company Registration
The following documents are required for producer company registration in India:
- PAN card of all members and directors
- Aadhaar card of all members and directors
- Passport-size photographs of all members and directors
- Registered office address proof (such as electricity bill, gas bill, or rent agreement)
- Memorandum of Association (MoA)
- Articles of Association (AoA)
- Digital Signature Certificates (DSCs) of all directors
- No Objection Certificate (NOC) from the landlord of the registered office premises (if applicable)
- Copy of the Producer Certificate issued by the District Horticulture Officer (DHO) or any other competent authority (if applicable)
- Copy of the registration certificate of the producer organisation (if applicable)
Producer Company Registration Objectives
The objectives of producer companies are defined in Section 581B of the Companies Act of 2013. These objectives include:
- To provide benefits to its members by undertaking activities related to the production, harvesting, procurement, grading, pooling, handling, marketing, and selling primary agricultural produce.
- To provide financial services to its members, such as extending credit facilities and providing insurance.
- To provide educational and technical services to its members.
- To promote mutual assistance and cooperation among its members.
- To undertake other activities that benefit its members and the agricultural sector as a whole.
Membership and Voting Rights
The voting rights of the members differs based on the types of members present in a producer company
Voting rights when the producer company has individual producers
- In a producer company where every member is an individual, every producer is presented with a single vote irrespective of their shareholdings or patronage in a producer company.
Rights when producer institutions are present
- If producer institutions are present the voting rights are determined based on the participation of the institution in the business in the previous year
- Producer institutions’ voting rights during a producer company’s first year of registration are decided based on their shareholdings.
Voting rights when both producer institutions and individual producers are present
- If the producer company has both individuals and producer institutions the voting rights are calculated based on the single vote of every member.
Membership Conditions and Voting Rights
- The rules of any Producer Company can outline the conditions under which a member can keep their membership
- They can also describe how voting rights are exercised by the members.
Restrictions on Voting Rights
- A Producer Company can limit voting rights to only active members in special or general meetings if allowed by its rules.
Conflict of Interest
- No one with a business interest conflicting with the Producer Company’s business can become a member
- If a member acquires a conflicting business interest, they must stop being a member and be removed according to the company’s rules.
Memorandum of Producer Company
Memorandum of a producer company is an important document required for producer company incorporation. Make sure to verify whether the following information is present while drafting the memorandum for a producer company registration:
- The company’s name should end with ‘Producer Company Limited’
- The state in which the business will have its headquarters
- The company’s main goals, which should be in line with what’s specified in Section 581B
- The names and addresses of the people who are signing this document
- How much money (share capital) is needed to start the company, and how it’s divided into shares with fixed amounts
- The names, addresses, and jobs of the people signing this document, who are also the first directors
- The restricted liability of the company’s members are mentioned
- Each person’s name is followed by the number of shares they’re taking; everyone must take at least one share
- If the company’s goals cover more than one state, it should be listed.
Amendment of Memorandum
A Producer Company cannot change the conditions in its memorandum unless this Act explicitly allows it. However, the company can alter its specified objectives in the memorandum through a special resolution, as long as it’s consistent with Section 581B.
Filing Changes
- The changes must be submitted to the Registrar within 30 days of the resolution’s adoption date. This includes a certified copy of the updated memorandum and a special resolution approved by two directors
- Before they become effective, changes pertaining to transferring the registered office from one state to another must be approved by the Board via a petition
- Changes related to moving the registered office from one state to another must be confirmed by the Board through a petition before they can take effect.
Articles of Association
Article of association is presented to the registrar of the state where the producer company is incorporated. This is a crucial document containing all the information about the producer company. The following information has to be presented in the article of association:
Memorandum and Articles
- The Producer Company should have a memorandum and articles
- These articles should follow certain principles.
Mutual Assistance Principles
- Anyone who meets the requirements and is eager to participate in the company’s operations is welcome to join
- Regardless of the quantity of shares they own, each member is only allowed one vote
- The company is governed by a board elected or appointed in a specific manner
- There is limited return on share capital
- Surplus from operations is distributed fairly for business development, common facilities, and among members
- Education on mutual assistance principles is provided
- The company collaborates with similar organisations for the benefit of members and communities.
Specific Provisions
- Articles must outline membership qualifications, conditions, and share transfer details
- They should specify patronage and voting rights
- The structure, powers, and duties of the board, director elections, chairman’s role, and voting procedures
- Establishing and allocating withholding pricing
- Patronage bonuses are paid either in cash or equity shares
- Matters related to contribution sharing and funds
- Credit, loans, and advances granted to members
- Members’ right to access company information
- Handling funds in case of company dissolution
- Authorisation for division, merger, subsidiaries, and joint ventures
- Presentation of the memorandum and articles to a special general meeting
- Inclusion of any other provision recommended by members through a special resolution.
Amendment of Articles
- To make changes to the articles, at least two-thirds of the elected directors or one-third of the company’s members must propose the amendment
- These changes should then be adopted by the members through a special resolution.
Filing Amendments
Following the modifications’ approval, the Registrar must receive a certified copy of the special resolution and the amended articles, both of which have been signed by two directors, within thirty days of the adoption date.
Option to Inter-State Co-operative Societies to Become Producer Companies
Inter-State co-operative societies, with objectives extending beyond a single state, can apply for registration as Producer Companies under this Act. The application must include:
- A special resolution approving the cooperative society’s transition to a producer company, signed by at least two-thirds of its members overall
- A statement with details of directors and the Chief Executive (if any) of the co-operative society, along with a list of its members
- A declaration stating that the cooperative society participates in at least one of the endeavours outlined in Section 58IB
- A declaration attesting to the veracity of the data in clauses (a) through (c), signed by two or more directors of the cooperative organisation.
Name Change
An interstate cooperative society’s name includes ‘Producer Company Limited’ when it is registered as a Producer Company, with a term or phrase defining its identity coming before it.
Certification and Transformation
- The Registrar shall attest within thirty days of the completion of the conditions in sub-sections (1) to (3) that the co-operative society is registered and incorporated as a Producer Company under this Act
- The registered inter-State co-operative society is transformed into a Producer Company and will follow the rules outlined in this Part, except for actions taken or omitted before the conversion. No one can claim against the co-operative society or the company due to this change
- The Registrar of Companies that registers the company will inform the Registrar in whose register the previous inter-State co-operative society was listed for the appropriate deletion of the society’s name
Did You Know?
The government of India has introduced a new Central Sector Scheme called ‘Formation and Promotion of 10,000 Farmer Producer Organisations (FPOs)’ with a budgeted allocation of ₹6865 crore, along with a defined strategy and committed resources to develop and promote 10,000 new FPOs nationwide.
Share Capital and Members Rights
A Producer Company’s capital is made up of equity shares only.The number of shares a member has in the company should ideally be based on how much they support the company.
Proportional Patronage (Section 581ZB)
- As much as practicable, a member’s shareholdings in a Producer firm should correspond to the assistance and business they give that firm
Special User Rights (Section 581ZC)
- According to the articles, active members of the firm may be entitled to certain privileges
- The Producer Company can issue specific instruments related to these special rights
- These instruments can be transferred to other active members of the company with the approval of the Board
- ‘Special rights’ in this context refer to any rights connected to providing additional produce or other rights related to a member’s produce, as determined by the Board.
FPO Registration Process Through A2Z Registration
A2Z Registration can help you to complete the FPO registration online in just 4 easy steps:
Talk to Experts
Begin by consulting with experts from A2Z Registration to understand the FPO registration process, its requirements, and the benefits of forming an FPO.
Produce Documents
Our team will gather and prepare the necessary documents for the registration process. These documents may include the FPO’s proposed bylaws, details of its members, and other legal documentation.
Our Experts Will File Application
Once the documents are ready, our experts at A2Z Registration will guide you through the process of filing for incorporation. This involves submitting the required paperwork to the appropriate government authorities.
Get Your Company Registered
After submission, the government authorities will review your application. If everything is in order and complies with the relevant regulations, your FPO registration will be approved. Upon approval, you will receive a Certificate of Incorporation, which officially recognises your FPO as a legal entity.
Why A2Z Registration
A2Z Registration is a trusted and experienced partner for FPO registration in India. Our commitment is to offer convenience, expertise, and support throughout the FPO registration process. We specialise in preparing the necessary documents, ensuring compliance, and providing tailored assistance to meet your unique needs. With our transparent approach and cost-effective solutions, we aim to simplify the FPO registration journey, making us the preferred choice for many individuals and groups looking to establish FPOs in India.
Trademark Renewal Status
After submitting your trademark renewal application, it’s essential to regularly check its status to ensure that your renewal is processed without delay. You can easily track your renewal status online through the official Intellectual Property India (IPI) website using your trademark application number.
How to Check Trademark Renewal Status Online
Visit the official Intellectual Property India website.
Navigate to the ‘Trademark Application/Registered Mark’ section.
Enter your application number in the search bar.
Click on ‘Trademark Status’ to view the current stage of your renewal.
The online portal provides real-time updates, including scrutiny by the Registrar, pending actions, or any objection or clarification required. This helps applicants take timely action and avoid delays in the renewal process.
Why Tracking Trademark Renewal Status Matters
Ensures timely compliance and uninterrupted brand protection.
Alerts applicants about Registrar objections or document requirements.
Prevents unintentional lapses in trademark ownership.
Safeguards the continuity of exclusive rights under the Trade Marks Act, 1999.
Remember, a registered trademark in India remains valid for 10 years from the date of registration. If not renewed within this period, it may be removed from the Trademark Journal, exposing your brand to unauthorised use or imitation.