What is Trademark Renewal?
Trademark registrations are valid for 10 years and are perpetually renewable. It has to be renewed starting six months before the expiration date. Even if you overlooked it—which even big organisations frequently do—you will receive a reminder at your registered address prior to the expiration date.
The registrar may publish a notice in the Trade Marks Journal announcing its intention to withdraw the trademark if you still do not submit a renewal application. However, this is most likely to occur within a year after the expiration date.
Trademark Registration Renewal Online India process can be done between six and twelve months after they expire by paying a fee through a procedure known as ‘restoration’.
Advantages of Trademark Renewal
Legal Protection
You can easily establish your rights in court if you think someone has violated your registered trademark. In industries where trademark infringement is rife, registration of trademark is crucial.
Business Possibility
Should your brand be successful, a trademark is an intangible asset that has the potential to be quite valuable. Think about brands like Tide, Nike, or McDonald’s. Businesses can make huge amounts of royalties through licensing agreements or even the sale of ownership to interested parties.
Distinct Identity
You would like clients to associate your brand with the goods or services you offer. Registering your trademark will provide you with the required uniqueness. The registration of any similar phrases or catchphrases would then be forbidden by law.
Trademark Renewal Online – Duration to Renew a Trademark
According to rules 57 and 58 in the 2017 Trade Mark Rules,
1. The renewal may be filed within a year before the date of expiration.
2. The extension may be submitted no later than six months following the expiration date, in accordance with rules 63 and 64 of the Registered Trademark Rules of 2002.
3. Additionally, a renewal request may be submitted up to six months following the expiration date.
If a trademark is not renewed within six months of its expiration date, it will be deleted from the Register of Trademarks.
Checklist For Renewal Of A Trademark
- The owner’s prior ownership of a registered trademark that is subject to renewal.
- To determine eligibility, the intent for commercial usage should be examined
- Make sure there are no trademarks that are similar by performing a complete research of the renowned and licenced trademark database
- A legal opinion should be sought if there is a trademark conflict in order to find a workable solution
- Obtain and prepare a renewal application, and then adhere to the necessary conditions.
Trademark Renewal Online – Alterations and Adjustments
Alterations and adjustments to the authorised trademark’s symbol or emblem can be done following the process given below.
- A TM-R application for renewal is submitted
- The applicant may be either the trademark’s registered owner or a representative chosen by him
- A trademark can be renewed for an additional 10 years by submitting a renewal application
- After filing, it is essential to regularly check the status of your application until the registrar processes it so that the trademark can be renewed
- The Trademark Journal, an official publication of the Trademark register, regulates the acceptance or denial of applications. The Trademark Journal publishes an advertisement if it is approved. Therefore, three to six months before the trademark’s expiration, the renewal process should get started
- The application is submitted using Form-18 along with the required payments. The application is assessed for quality before being formally approved for renewal.
How we Helps With The Process Of Trademark Renewal
As soon as you submit your information, a representative will get in touch with you to discuss the process and costs with you and find out more about your needs. There may be charges based on if you really need the trademark reinstated or renewed.
Government trademark renewal fees is ₹ 5000, while payments for trademark restoration are ₹8000.
Renewal Request Form
Our attorneys will get to work and begin assembling the necessary paperwork. Along with renewal fees, a Form-10 or Form-12 must be submitted to the registrar.
Confirmation
We will keep you informed of the progress of your application, and you will get to know whether your trademark has been renewed for a further 10 years within four to five months.
Renewal Of A Trademark Is Necessary
Renewal of a trademark has various benefits. The holder of the trademark receives a number of legal rights after trademark registration. It guards against trademark infringement and offers compensation in the event that it does happen.
Additionally, it gives the trademark holder the freedom to assign the trademark at any time to another individual or business. Because trademark licensing is only possible if the mark’s owner has registered it, a registered trademark has immense financial value.
Steps Involved in Renewal of Trademark in India
- Trademark Search: Before renewing a trademark, it is important to ensure that there is no similar or identical mark that has been registered or filed for registration. On the webpage of the Indian Trademark Office, a brand inquiry can be done.
- Application for Renewal: By spending an extra charge, the renewal application may be submitted either six months before the trademark expires or six months after it has expired. The registration can be submitted directly at the Trademark Office or online through the website of the Indian Trademark Office.
- Application Review: The Trademark Office will review the renewal application after it has been submitted to make sure that all required information has been given.
- Publication in Trademark Journal: The brand will be promoted in the Trademark Journal following the review of the renewal application.
- Opposition Period: During the four months following the date of publishing in the Trademark Journal, third parties may oppose the extension of the trademark.
- Renewal certificate: A renewal certificate will be given by the Trademark Office if there is no resistance or if the opposition is upheld in the trademark owner’s favor.
- Paying Fees: Fees must be paid in order to complete the renewal procedure, which is the last stage. The fee may be made directly at the Trademark Office or electronically through the Indian Trademark Office website.
Documents Required for Trademark Registration Renewal Online India
- A duplicate of the registration document
- Copy of TM-A form (form used for the original form for registering the trademark)
- Proof of the applicant’s identity and address
- The applicant may be given power of attorney if they are an authorised representative or agency.
- Bringing a Trademark Back
Sometimes people neglect to renew their trademarks within the allotted time frame. No need to worry; there is still a choice in such circumstances.One could then try to get it restored if the trademark is not renewed. The Trademark Act of 1999 permits restoration of a trademark under Section 25(4), which enables anyone to submit applications.
Forms Required for Renewal of Trademark in India
For the renewal of trademark in India, the following forms must be submitted with the appropriate fee.
- Notice that the Department of the Registrar of Trademarks is required to send
- The Department of the Registrar of Trademarks will notify the trademark owner six months prior to the renewal deadline. The trademark will be deleted from the Register of Trademarks if it is not renewed within the permitted time frame
- The Trademark may, however, be reinstated by submitting an application and the necessary price
- Incase of trademark restoration, a trademark may be reinstated after six months but no later than one year from the date of the mark’s last registration’s expiration.
| Form type | Purpose of the Form | Cost(physical filing) | Cost(e- filing) |
|---|---|---|---|
| TM-R | Form to be completed by the trademark owner when requesting to renew their registration | ₹10,000 | ₹9000 |
| application for trademark registration renewal with a surcharge | ₹5000 + Renewal fee | ₹4500 + Renewal fee | |
| TM-18 | Supporting affidavit for the case statement | – | – |
The trademark registration’s owner or an authorised user of the trademark are eligible to submit a request for renewals or restoration
Why Use?
We work with recognised specialists to meet all of your regulatory obligations for trademark renewal online and we connect you with them. Furthermore, you may always monitor the development on our online platform. We guarantee a hassle-free interaction with the government by taking care of all the paperwork. We provide transparency regarding the incorporation process to assist people in having reasonable expectations.
Realistic Expectations
By handling all the paperwork, we ensure a seamless interactive process with the government. We provide clarity on the incorporation process to set realistic expectations.
300 Strong Team
With a team of over 300 experienced business advisors and legal professionals, you are just a phone call away from the best in legal services.
