Trademark Renewal | Everything you need to know
The trademark owner can renew the trademark indefinitely every ten
years. The registrar provides trademark holders six months before the end of
the decade for trademark renewal and continues to enjoy the rights
granted.
If the trademark renewal fails, the registrar will post an announcement
in the trademark publication, indicating that the trademark is revoked.
After ten years, if the trademark is not renewed, the person can still
choose to restore it, which means that the renewal can be done after the
payment of a fine.
However, before going for trademark renewal, make sure it is registered.
Therefore, go for trademark
registration online and get your mark registered with the help of an
expert.
How to renew a trademark?
The validity period of a registered trademark is only ten years, after
which it must be renewed.
The trademark registrar will send you a trademark expiration reminder
six months before the expiration of the trademark.
When you want to update your brand, you have two options:
- Update the trademark as it is.
- Update the brand through changes.
The trademark renewal application is a TM-R form.
The application does not need to be submitted by the registered
trademark owner.
However, an authorized representative or agent can submit it.
After applying, you can also track the status of the application to
avoid opposition to the trademark registration.
Once the application approves, the trademark will publish in the
official journal of Trademark Magazine.
If the trademark is published, the trademark owner gets protection for
an additional ten years.
Trademarks may renew indefinitely.
Trademark Renewal Fee
The price of trademark renewal depends on whether It is in person or
online.
- If you deposit to renew, it costs 10,000
rupees.
- For online via e filing, the cost is Rs 9,000.
Documents for Trademark
Renewal
- A copy of the registration certificate.
- Copy of the TM A form (the form used for the
initial trademark application)
- Identity document and proof of address of the
applicant.
- Power of Attorney, if the applicant is an
authorized representative or agent.
Need of Trademark Renewal
- There are many benefits to renewal.
- A trademark registration gives trademark
owners many rights protected by law.
- It also prevents trademark infringement.
- It also allows the holder to transfer the
trademark to other people or companies according to their wishes.
- If the trademark owner has already registered
the mark, the value of the trademark increases monetarily as well.
Trademark restoration
Sometimes a person forgets to update their trademark within a certain
period.
Don't worry, you can still choose in this case.
In case it is not renewed, you can try to restore the brand.
Article 25 (4) of the Trademarks Act 1999 allows for the restoration of
trademarks, allowing individuals to apply for the restoration of trademarks.
It can restore within one year after the expiration of the trademark.
Brand restoration includes additional costs in addition to the trademark
renewal fee:
- If done by an individual, it will be 10,000
rupees,
- If done online, it will be 9,000 rupees.
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