Trademark Renewal
Drafting and filing of the trademark renewal application. For individuals, proprietorships registered SMEs and registered Startups. The validity period of the trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria.
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Overview of Trademark Renewal
All trademarks are required to undergo renewal every ten years. Specifically, it is advisable to submit the trademark renewal application at least six months prior to the expiration of the registered trademark. The application form for trademark renewal must be completed and submitted before the deadline to ensure uninterrupted protection of the trademark and to mitigate the risk of potential litigation.
As a result, the renewal of a trademark extends its validity for an additional ten years. This process involves filing a TM-R form along with the requisite fee of Rs. 4000. Failure to renew the trademark may lead to its removal through trademark restoration. The renewal process is essential as it underscores the significance of the trademark for a registered brand.
Preservation of Rights of a Trademark
Preservation of those rights is only given to a registered mark. He/she shall lose all the protection that comes with the registration if the proprietor fails to renew the trademark. It is essential to note and remember that a registered trademark has the advantage of the legal presumption of ownership. It solely means that the burden of proof is on others to disprove and/or try your ownership.
What Advantages Does Trademark Renewal Offer?
Legal Protection Renewing your trademark allows you to assert your rights in court more effectively if you suspect that your registered trademark has been violated.
Establish a Distinct Brand Identity The registration of your trademark is the initial step in ensuring that customers can associate your products or services with your brand. Subsequently, the law will prevent the registration of similar terms or slogans for other goods or services.
Create Business Opportunities For a brand to thrive, a trademark serves as an intangible asset that can hold significant value. Numerous companies generate substantial revenue through licensing agreements or by transferring ownership to interested parties.
Extension of Ownership Rights Upon renewing a trademark, the owner can benefit from the enforcement of their rights over the brand name. This renewal not only preserves the goodwill associated with the brand but also ensures ongoing protection.
Reduced Risk of Litigation By adhering to regulations and renewing your trademark promptly, you can achieve effective trademark protection with minimal risk of litigation. The renewal process also prevents others from claiming rights to the registered mark.
Protection for Brand Name Trademark renewal guarantees uninterrupted and continuous protection for your brand name, providing a sense of security. Failing to renew can result in the loss of legal protection for the brand.
What documents are necessary for the renewal of a trademark?
Pre-existence of a registered trademark which is possessed by the proprietor/owner (Copy of the Registration certificate). The determination and intention for commercial use should be examined for eligibility (Copies of the Proof of same). You must make sure that there is no similar trademark by executing a Trademark Search of the well-known and licensed trademark database. Power of Attorney to represent the Applicant. Address proof & Photo ID of the Applicant. Copy of Application form for trademark registration – Form TM-A It is prudent to get a legal opinion for a feasible solution if there is a conflict of the trademark. (Copy of the Proof of Conflicted Trademark). Prepare and procure a renewal application and thereby comply with the suitable condition.
What is the Procedure for Trademark Renewal?
The owner of the trademark is required to submit a renewal application to the Registrar of Trademarks using the designated form [TM-R] no later than six months following the expiration of the Trademark Registration. In the absence of a renewal application, it is necessary to file within one to three months prior to the registration’s expiration.
Subsequently, the Registrar is obligated to notify the owner regarding the impending renewal date. It is important to note that if a renewal notice has not been issued, the trademark cannot be removed. The owner must also remit the prescribed renewal fees along with the renewal application. There are two methods available for renewal:
- 1. Simple renewal of the trademark
- 2. Renewal of the trademark with modifications or alterations
The application for trademark renewal can be submitted by an authorized representative or agent, and it is not mandatory for the registered owner to file it personally. Upon approval of the application, the trademark will be published in the official gazette of the Trademark Journal.
If the renewal process is conducted in person, the filing fee is 10,000 rupees, whereas online renewal through e-filing incurs a fee of 9,000 rupees. The application must utilize the required fees Form-18, and it will undergo a review for quality and compliance before final approval for renewal is granted.
- Status Check
- Trademark Journal
- Trademark Expiration
Legalixo Support in transitioning a Trademark Renewal
- Purchase a Plan for Expert Assistance
- Add Queries Regarding the conversion
- Provide Documents to Legalixo Expert
- Complete all other required Actions
- Get your work done!
What Advantages Does Trademark Renewal Offer?
Legal Protection Renewing your trademark allows you to assert your rights in court more effectively if you suspect that your registered trademark has been violated.
Establish a Distinct Brand Identity The registration of your trademark is the initial step in ensuring that customers can associate your products or services with your brand. Subsequently, the law will prevent the registration of similar terms or slogans for other goods or services.
Create Business Opportunities For a brand to thrive, a trademark serves as an intangible asset that can hold significant value. Numerous companies generate substantial revenue through licensing agreements or by transferring ownership to interested parties.
Extension of Ownership Rights Upon renewing a trademark, the owner can benefit from the enforcement of their rights over the brand name. This renewal not only preserves the goodwill associated with the brand but also ensures ongoing protection.
Reduced Risk of Litigation By adhering to regulations and renewing your trademark promptly, you can achieve effective trademark protection with minimal risk of litigation. The renewal process also prevents others from claiming rights to the registered mark.
Protection for Brand Name Trademark renewal guarantees uninterrupted and continuous protection for your brand name, providing a sense of security. Failing to renew can result in the loss of legal protection for the brand.
What documents are necessary for the renewal of a trademark?
Pre-existence of a registered trademark which is possessed by the proprietor/owner (Copy of the Registration certificate). The determination and intention for commercial use should be examined for eligibility (Copies of the Proof of same). You must make sure that there is no similar trademark by executing a Trademark Search of the well-known and licensed trademark database. Power of Attorney to represent the Applicant. Address proof & Photo ID of the Applicant. Copy of Application form for trademark registration – Form TM-A It is prudent to get a legal opinion for a feasible solution if there is a conflict of the trademark. (Copy of the Proof of Conflicted Trademark). Prepare and procure a renewal application and thereby comply with the suitable condition.
What is the Procedure for Trademark Renewal?
The owner of the trademark is required to submit a renewal application to the Registrar of Trademarks using the designated form [TM-R] no later than six months following the expiration of the Trademark Registration. In the absence of a renewal application, it is necessary to file within one to three months prior to the registration’s expiration.
Subsequently, the Registrar is obligated to notify the owner regarding the impending renewal date. It is important to note that if a renewal notice has not been issued, the trademark cannot be removed. The owner must also remit the prescribed renewal fees along with the renewal application. There are two methods available for renewal:
- 1. Simple renewal of the trademark
- 2. Renewal of the trademark with modifications or alterations
The application for trademark renewal can be submitted by an authorized representative or agent, and it is not mandatory for the registered owner to file it personally. Upon approval of the application, the trademark will be published in the official gazette of the Trademark Journal.
If the renewal process is conducted in person, the filing fee is 10,000 rupees, whereas online renewal through e-filing incurs a fee of 9,000 rupees. The application must utilize the required fees Form-18, and it will undergo a review for quality and compliance before final approval for renewal is granted.
- Status Check
- Trademark Journal
- Trademark Expiration
Legalixo Support in transitioning a Trademark Renewal
- Purchase a Plan for Expert Assistance
- Add Queries Regarding the conversion
- Provide Documents to Legalixo Expert
- Complete all other required Actions
- Get your work done!
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