What to Do After Trademark Registration — Renewal, Monitoring and Enforcement

Receiving your trademark registration certificate is just the beginning. Protecting your brand is an ongoing process that requires renewal every 10 years, active monitoring of the marketplace and prompt action against infringers. This guide covers everything you need to do after your trademark is registered.

Trademark Validity and Renewal

A registered trademark in India is valid for 10 years from the date of filing the application (not the date of registration). It can be renewed indefinitely for successive 10-year periods by paying the renewal fee. The trademark must be renewed before it expires, or it will lapse.

Renewal window: The trademark can be renewed within 6 months before the expiry date (the recommended window). A grace period of 6 months after expiry is also available, but with an additional surcharge.

Form TM-R: File Form TM-R on the IP India portal (ipindia.gov.in) with the renewal fee — ₹9,000 per class for individuals and small entities (online), ₹10,000 for others.

After Registration — Update Your Records

• Display the ® symbol on all products, packaging, marketing materials and website once registered. Using ® before registration is a criminal offence under the Trade Marks Act
• Update company letterheads, websites, product packaging and all brand materials with the ® symbol
• Keep a copy of the registration certificate and all related correspondence safely
• Record the renewal date in your compliance calendar

Trademark Monitoring

Once registered, you must actively watch for infringement — others using your trademark or a deceptively similar mark. Infringement does not stop automatically upon registration — you must identify it and take action.

How to monitor:

• Conduct periodic searches on the IP India portal for new applications similar to yours
• Set up Google Alerts for your brand name
• Monitor e-commerce platforms (Amazon, Flipkart, Meesho) for counterfeit products using your mark
• Watch competitor advertisements, packaging and social media for similar marks
• Consider engaging a trademark monitoring service

Opposing New Applications

If you find a new trademark application on the IP India journal that conflicts with your registered mark, you can file a Notice of Opposition (Form TM-O) within 4 months of the publication date. This prevents the conflicting application from proceeding to registration. This is the most effective and cost-efficient way to protect your trademark.

Enforcement Against Infringement

Cease and Desist Letter: The first step is usually sending a formal cease and desist letter to the infringer demanding they stop using your mark. Many infringers respond positively to a professionally drafted C&D letter and the matter is resolved without litigation.

Civil Suit for Injunction and Damages: If the infringer does not comply, you can file a civil suit in the District Court or High Court for permanent injunction, damages and account of profits.

Criminal Complaint: Under Sections 103 and 104 of the Trade Marks Act, trademark infringement is a criminal offence punishable with imprisonment of 6 months to 3 years and a fine of ₹50,000 to ₹2 lakh. A police complaint can be filed.

Conclusion

Trademark protection is a continuous investment in your brand's future. Regular renewal, active monitoring and prompt enforcement ensure your trademark remains a valuable asset. SPOTON provides end-to-end trademark management — from registration to renewal to enforcement. Contact us for comprehensive trademark services.