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Trademark Renewal

Trademark Renewal For As Low As Rs. 2999 1499

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Trademark Renewal

A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems.

The validity period of 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. Let us have a look at the procedures to the renewal and restoration of trademarks in this article.

Renewal of a Trademark

Duration to renew a Trademark

  • The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
  • The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
  • The renewal can also be filed within six months after the date of expiry.

Forms

The following forms must be provided for renewal of a Trademark along with the allotted fee.

Form No. Purpose Cost
(physical filing)
Cost
(e- filing)
TM-R Application form for renewal of a registered trademark to be used by the registered proprietor Rs.10,000 Rs.9000
Application for renewal with a surcharge of registration of a Trademark Rs.5000 + Renewal fee Rs.4500 + Renewal fee
TM-18 Affidavit in support of the statement of the case

Mandatory Notice from the Office of the Registrar of Trademarks

The Office of the Registrar of Trademarks will send a notice six months prior to the proprietor informing about the deadline for renewal of the trademark. Upon non-renewal of the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.

However, the Trademark can be restored by filing an application along with the required fee.

Duration to Restore a Trademark

Trademark can be restored after six months and within one year from the date of expiration of the last registration of the mark.

Trademark Renewal Online Process

Documents Required For Trademark Renewal

Benefits of Trademark Renewal in India

Protection from Frivolous Litigation

It is possible to have a seamless trademark protection without any chances of litigation. Renewal of trademarks makes impossible for someone to claim rights over it other than the trademark owner.

Brand Name Security

Renewal of trademark promises continuous and unhindered protection of the brand name. Failure of renewal leads to a lapse of legal protection in Brand name.

Extension of Ownership Rights

One can avail protection from infringement of rights over the brand name. The exclusive rights over the trademark are extended for 10 years after each renewal. Hence it provides a permanent protection of your brand and goodwill created by the brand.

Monetary Returns

A trademark owner has the exclusive rights to assign or license the mark to someone else in return of some monetary compensation. Thus, one can make a profit from a registered trademark as well.

FAQ

An online application for renewal of Trademark in India shall be made no earlier than 1 year before the expiry of 10 years from the date of application. The application of Trademark Renewal after the expiry of a period of 10 years can be made only by payment of additional fees. Hence applying for renewal 6 months prior to the expiry date is ideal.

The Registry of Trademark may condone the period of delay for renewal of trademark by 6 months after the expiry of 10 years. Online application for Trademark Renewal in India can be made after the expiry of 10 years with a payment of additional fees.

An online trademark renewal application shall be made with the help of Registered Trademark Attorney in India with the payment of renewal fee and additional or late fee (as applicable). A trademark renewal request can be filed six months prior to the date of trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register. An extension period of six months post-expiration is given in case one misses the deadline along with an additional late fee.

You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation.

Trademark Registration is a long process that takes a number of documents and requires more time than the renewal. A renewal is basically for continuing your ownership and use of the trademark, while registration is the initial process to get its exclusive ownership. After completion of every 10 years, the trademark needs to be renewed.

Basic
RS. 10499
Drafting and filing of trademark renewal application. 

Free consultancy

 
 
Standard
RS. 11499

Drafting and filing of trademark renewal application 

MSME registration certificate

Free consultancy

Premium
RS. 14999

Drafting and filing of trademark renewal application 

MSME registration certificate

Trademark watch 6 Months 

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