Trademark Renewal in India
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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.