Trademark Renewal in India2024-10-03T12:10:33+05:30

Trademark Renewal in India

A trademark once allotted lasts for 10 years. After the expiry of 10 years, it has to be renewed in order to maintain its exclusive rights.

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    Trademark Renewal Online in India

    A trademark (also known as a brand name) may be a name, signature, word, letter, numeral, symbol, logo, device, packaging label, tagline, the shape of goods, or any combination thereof to distinguish it from other similar goods or services originating from another seller. It is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.

    All the Intellectual Property Rights including Trademarks are registered for a given period of time and duration. Under the Trademark Act 1999, a trademark issued to any establishment is valid for up to 10 years. However, it can be renewed for a period of 10 years by following the due procedure of law. The procedure of trademark renewal is similar to trademark registration.

    Therefore, if you file the renewal application along with the necessary documents within the specified timeframe, the Trademark Registrar will extend the trademark’s validity for an additional 10 years.

    Time Limit for Trademark Renewal in India

    • There is a specified deadline for submitting the trademark renewal application as per the Trademark Law.
    • The renewal period shall start 1 year before the date of expiration of a trademark and can extend till the date of expiration of the trademark.
    • A notice will be sent by the Registrar of Trademarks 6 months before the date of expiration informing the applicant about the deadline.
    • Trademarks shall be renewed before the date of expiration by paying a renewal fee of Rs. 10,000 (Physical Filing) or Rs. 9000 (Online Filing) for a period of 10 years.
    • A trademark can also be renewed within 6 months from the date of expiration by paying a surcharge of Rs. 5000 (Physical Filing) or Rs. 4500 (Online Filing) in addition to renewal fees, failing to which the trademark shall be removed from Register.
    • The date of expiration for a trademark shall be 10 years from the date of filing the initial trademark application, and not from the date of registration or acceptance of the trademark.

    Advantages of Trademark Renewal Online in India

    • Maintaining Exclusivity of Brand name

      After registering the trademark, the owner gains exclusive rights. Renewing the trademark guarantees the owner’s ongoing exclusive ownership for registered trademarks, enabling its use for various goods/services for another 10 years.

      Further, the owner can prevent the unauthorized or illegal use of his brand name or logo. If anyone wants to use a registered trademark, he has to obtain prior approval from the owner.

    • Legal protection 

      A registered trademark will not only protect against unauthorized use of a brand name or logo but shall also give the power to take legal action against infringement or misuse of a brand name or logo by any person or competitor. Further, the owner of a registered trademark can claim appropriate damages and compensation from the person who has infringed his trademark.

    • Avoid the Tedious Registration Process

      While registering a trademark, an applicant has to go through a tedious process such as filing a trademark application, replying to any objection raised by the examiner, attending the hearing (if any), countering the oppositions, and then proceeding with registration.

      While the trademark renewal is a continuation of an already registered trademark and the owner has to just file an application and pay the required fees to get it renewed.

    • Retains Goodwill and Prestige

      A registered trademark can be used for building a franchise model, it can be sold, rented, assigned, or transferred to any person. Therefore, trademark renewal helps in retaining the goodwill and prestige associated with the brand.

    Restoration of Trademark

    • It may happen sometimes, that an applicant/owner of a trademark may forget to renew his trademark within the specified time, after which the Registrar of Trademark has removed his trademark from the register.

    • In such a case, the applicant can apply for restoration of the trademark after 6 months and within 1 year from the date of expiration by paying a surcharge of Rs. 10,000 (Physical Filing) or Rs. 9000 (Online Filing) in addition to renewal fees.

    • However, it is important to note that restoration of a trademark can be done only within 1 year from the date of expiration of the trademark.

    • The renewal shall be made for a period of 10 years from the date of expiration of the trademark.

    • Once, the restoration option is expired, then the applicant has to re-apply his trademark as a fresh application and go through the registration process again.

    What Is Included In Our Online Trademark Renewal in India package?

    • Consultation and Advisory on the renewal process

    • Documentation for Trademark Renewal process

    • Filing of Trademark Renewal application

    • Government Acknowledgement and Challan

    Online Trademark Renewal Procedure in India

    • Consultation on the Renewal process

      In the very first step, you have to provide us with the information about the trademark which is due for renewal, accordingly, we shall provide you consultation on the renewal process and the fees required for the renewal of the trademark.

    • Documentation for Trademark Renewal

      After the initial consultation, you have to provide us with the required documents as per the checklist. Then, we will prepare the relevant documentation for Trademark renewal.

    • Filing of Trademark Renewal Application

      Once the documentation is completed, we shall apply for Trademark renewal in form TM-R along with the documents and pay the required government fees. You shall receive a Government Acknowledge receipt and challan after successful submission.

    • Renewal Intimation Letter by Trademark Registry

      After a trademark renewal application is filed, it is generally approved within 3 to 5 months by the Trademark registry. A renewal intimation letter shall be sent to the applicant/owner and renewal details shall be advertised in the Trademark Journal.

    Documents Required for Online Trademark Renewal in India

    • Trademark name and application number

    • PAN Card of Applicant

    • Address Proof of Applicant (Anyone) – Aadhaar Card/Passport/Driving License

    • Certificate of Incorporation or Registration – In case of Company/OPC/Partnership Firm/LLP/Others

    • Board Resolution

    • Power of Attorney or Authorisation letter

    FAQ

    Do I need to be physically present during this process?2021-09-05T13:02:52+05:30

    No, the trademark renewal process is a completely online process. All the required documents are filed electronically, so you would not need to be physically present at all. You would just need to send us scanned copies of all the required documents & forms.

    How much time is needed for trademark renewal?2021-09-05T13:02:32+05:30

    On an average, it takes 3-5 days to file a trademark renewal application. After that, the Registrar of Trademark will process the trademark renewal application on its end and will issue a renewal intimation letter within 3 to 4 months of time.

    What is the difference between a trademark registration and a Trademark renewal?2021-09-05T13:01:47+05:30

    Trademark Registration is generally a long and tedious process that requires a considerable amount of time and documents. On the other, trademark renewal is a continuation of an already registered trademark by making an application and paying the required fee. There is no requirement to go through the complete process again in trademark renewal as it takes place after the registration of a trademark. A trademark once registered has to be renewed every 10 years.

    When should I renew my trademark?2021-09-15T14:28:48+05:30

    The trademark has to be renewed between 1 year before the date of expiration of the trademark till the date of expiration by paying the renewal fees. For example, if a Trademark application was made on 1st October 2010, then the renewal of the trademark has to be done between 1st of October 2019 to 1st of October 2020.

    Can I renew the trademark after 6 months of the expiration date?2021-09-15T14:29:25+05:30

    Yes, you can restore the trademark even after 6 months of trademark expiration date till 1 year of expiration date by paying the restoration and renewal fees.

    Can I renew the trademark after 1 year of the expiration date?2021-09-05T12:59:45+05:30

    No, you cannot renew your trademark after 1 year of the expiration date. You have to apply for the trademark as a fresh application and go through the complete procedure of registration.

    What will happen if I don’t renew my trademark?2021-09-15T14:30:03+05:30

    If you don’t renew your trademark, you shall lose the protection under Trademarks law and any third party or infringer can apply for a similar trademark. Also, your trademark will no longer be an asset to the organization and may lead to depletion of goodwill and prestige. If you want to get the trademark registration again, you have to follow the registration procedure which is again time-consuming and lengthy.

    Is the registration of a trademark mandatory in India?2021-09-05T12:53:52+05:30

    No, registration of Trademark is not mandatory in India but in order to get recognition and protection under Trademark laws, it is advisable to do so.

    Whether Digital Signature Certificate (DSC) required for trademark renewal?2021-09-05T12:52:17+05:30

    Digital Signature Certificate (DSC) is not required for filing a trademark renewal application if you’re applying through a Trademark Agent/Attorney/Consulting Firm. In other cases, DSC is mandatorily required.

    Will I get any type of reminder from the Trademark Registry?2021-09-05T12:51:01+05:30

    Yes, you will get a reminder from the Trademark Registry telling you to renew it.

    Can any correction be made during the trademark renewal?2021-09-15T14:32:06+05:30

    No, correction cannot be made to the trademark during renewal.

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