Renewal of Trademark in India

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According to section 25 of the trademarks act,1999, the renewal of trademark in India is necessary after every ten years if you do not want to lose the ownership rights on your mark.

 

For this purpose, the application for renewal of trademark in India needs to be filed at least six months before the expiry date of the registered mark. 

 

Also, the trademark registration office issues a notice to the owner of a registered trademark before the last registration expires.




 

If you miss the deadline for renewal, you can file the application within six months after the expiry with an additional fee for late filing in special cases with valid reasons.

 

Steps for Renewal of Trademark in India

The renewal of trademark in India is possible in two ways-

  1. Online renewal of trademark to change any words or sign in your current mark.
  2. Online renewal of trademark without making any change to the existing mark.

The step-by-step procedure for renewal of Trademark in India is as follows:

 

Step 1 - File Form TM-R and TM-18

File the Form TM-R on the official website of ipindia.gov.in to apply for the renewal of Trademark in India on or before six months from the expiration date of the Trademark Registration. 

Note that the application may be filed either by you or your authorized agent. Also, your trademark must be registered officially before applying for renewal.

The form TM-18, along with testimony, needs to be submitted in support of your statement.

Also, attach all the documents asked for the purpose.

Documents required

Hardcopies of the following documents are mandatory along with the application for renewal of trademark in India-

  • PAN Card
  • Address proof
  • Certificate of registration
  • Trademark Registration certificate issued by the Registry
  • Power of attorney if someone else is filing the trademark renewal application to the Registry on your behalf
  • Application form for trademark registration – Form TM-A
  • Copy of the Proof of Conflicted Trademark

 

Step 2 - Pay the Fee

You need to submit a trademark renewal fee of Rs. 10,000 if you intend to do a physical filing. However, for online trademark renewal, you need to pay an amount of Rs. 9,000 as the trademark renewal fee.

 

Step 3 - Examination and Authorisation

After submitting all the required documents and fees, the application is sent for evaluation. The authorised officer checks the application and documents submitted as proof for validation. After that, if there is any objection, it will be mailed to you. Therefore, clear the queries raised with valid proof documents and reply. 

That's it!

The trademark registrar will issue a certificate of renewal of trademark in the name of the owner after they satisfies with the reply.

Also, the renewal of the trademark will issue in the trademark Journal.

 

 

Validity of Trademark (Before and After Renewal)

A Trademark is valid for a limited time of up to 10 years. 

After that, it must renew if you want to continue with the legal protection for your asset. 

You can renew your trademark an unlimited number of times.

Note that even after the renewal of the trademark, it last only for ten years. 

 

Cost of Renewal 

An application for the renewal of a trademark shall be made under Form TM-R along with the prescribed fee of INR 9000 per class anytime within one year before the expiry of the registration of the mark. 

Failure to submit the requisite fee along with the Form TM-R may cause the Trademark removal from Journal.

 

Time for Renewal

The procedure of the renewal of Trademark is somewhat the same as the trademark registration procedure. So the time taken for renewal is also six to twelve months. 

 

Why a renewal of trademark in India is crucial?

There are numerous advantages to renewing a trademark. 

Some of them are:

  • Legal Safeguard- You can quickly establish your rights in court only if you believe your registered trademark has been infringed.
  • Build A Special Identity- Registered trademark builds a unique identity of your company which ensures the customer the quality of your brand. Also, the law will protect your brand name or logo, or slogan from infringement.
  • Create Business Chances- If you want your brand to succeed, then a trademark is that intangible asset that can be immensely valuable. You can earn huge profits in royalties through licensing agreements or even transfer of ownership to parties.
  • Extension Of Ownership Rights-After the renewal of the trademark over the brand name, one can benefit from violations of his/her rights over the ownership. It provides goodwill created by the brand and the permanent protection of your brand.
  • Fewer Chances For Litigation-It is possible to have seamless trademark protection without any chances of litigation if you abide by rules and renew your mark on a timely basis. Other than that, the trademark owner, the renewal of trademarks makes it impossible for someone to claim rights over the registered mark.
  • Security For Brand Name-Renewal of trademark in India promises unhindered and continuous protection of the brand name and gives security. Disappointment and failure of renewal lead to a break of legal protection in the brand name.
  • Monetary Returns-In returns for monetary compensation, a trademark owner has the exclusive right to license or assign the registered mark to someone else. As a result, you can profit from a trademark that is registered as well.

 

Trademark Expiration and Restoration

If you miss the renewal deadline, you can apply for restoration within six months after the date of expiry. 

The renewal of trademark in India after expiration is possible by submitting an application and paying the late fee (according to Section 25(4) of the Trademark Act, 1999). 

Though, this can only be done within six months of the expiration of the registered mark.

 

Frequently Asked Questions

  • What will happen if you fail to renew the trademark?

Failing to renew effects all those who are either assigned or licensed the Trademark and not just the proprietor. Not replacing your trademark also affects your legal rights, which, in effect, declines your legal position.

  • Do we have any alternative if failed to renew the trademark on time?

Yes. The Trademark Act is very understanding as well as sympathetic to the worries of the owner. Therefore, after the date of the expiration of registration by a filing prescribed form [TM-10], they have provided another chance to renew the mark within six months by paying the additional charges.

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