Trademark Renewal After Delayed Registration: Madras High Court Explains Rule 58(3)
Court category: High Court
Court / details: Madras High Court, Principal Seat
Location: Chennai, Tamil Nadu
The Madras High Court directed the Registry to accept a renewal request where registration came after the renewal date and the mark still remained on the register.
The Madras High Court directed the Registry to accept a renewal request where registration came after the renewal date and the mark still remained on the register.
Case reference — R. Booma Rani v. Registrar of Trade Marks, W.P.(IPD) No. 14 of 2026, 1 October 2026, Justice Dr. A.D. Maria Clete
Why the renewal could not be filed
The registration certificate was generated years after the first renewal had fallen due. The online portal would not accept the renewal form. The Registry said it had emailed the certificate, but the Court found no dispatch evidence and noted that the mark remained on the register.
The importance of the register
Rule 58(3) addresses registration after the first renewal date. The Court treated removal as a distinct Registry step and held that a portal message could not stand in for a removal order. Because the mark remained on the register, the Registry had to receive the renewal application.
The filing direction
The Court permitted Form TM-R within four weeks of receiving its order, with the applicable fee and surcharge. The Registry was to enable online filing or accept the form physically. If in order, the renewal would run from February 2017 to February 2027.
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