Trademark Renewal
A Trademark is a registration which is taken by the business for distinguishing the goods or services which are catered or sold by them from the one’s sold by the rival or competitors in the market or the same industry.
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Trademark Renewal required mandatory
Benefits of Trademark Renewal
- Legal Safeguard
- Create A Unique Identity
- Create Business Chances
- Extension Of Ownership Rights
- Fewer Chances For Litigation
- Security For Brand Name
- Monetary Returns
Pricing
(Simple & Clear Pricing. No Hidden Charges)
| Government Fee | Rs 0 |
| Professional Fees | Rs 1,459 |
| Goods & Service Tax | Rs 00 |
| Total Cost | Rs 1459 |
What is Trademark Renewal?
(All you need to know)
Trademark registrations are valid for 10 years and are perpetually renewable. It has to be renewed starting six months before the expiration date. Even if you overlooked it—which even big organisations frequently do—you will receive a reminder at your registered address prior to the expiration date. The registrar may publish a notice in the Trade Marks Journal announcing its intention to withdraw the trademark if you still do not submit a renewal application. However, this is most likely to occur within a year after the expiration date. Trademark registrations can be renewed between six and twelve months after they expire by paying a fee through a procedure known as ‘restoration’. Vakilsearch provides the best Trademark renewal service.
1. 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.
2. 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.
3. The renewal can also be filed within six months after the date of expiry.
What are the required documents For Trademark Renewal?
Following Documents are required :-
- 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.
- Prepare and procure a renewal application and thereby comply with the suitable condition.
Trademark Renewal Process After Expiry Of Renewal Period
In case, the registered proprietor has failed to file a request for renewal for some reason, then, there is an option of restoring the trademark application. A trademark application can be restored by putting in a request for trademark restoration at the trademark registry. After considering the genuinity of such a request, the Trademark Registry may restore the trademark and the registered trademark is renewed for a period of another ten years.
Upon the approval of the application for trademark restoration, the registrar publishes the mark in the Trademark Journal and in the event the owner retrieves the mark in the event there is no objection from any third party.
Online Trademark Renewal in India Process:-
In the very first step, you have to provide us with the information about the trademark which is due for renewal, accordingly, we shall provide you consultation on the renewal process and the fees required for the renewal of the trademark.
After the initial consultation, you have to provide us with the required documents as per the checklist and we shall prepare the relevant documentation for Trademark renewal.
Once the documentation is completed, we shall apply for Trademark renewal in form TM-R along with the documents and pay the required government fees. You shall receive a Government Acknowledge receipt and challan after successful submission.
After a trademark renewal application is filed, it is generally approved within 3 to 5 months by the Trademark registry. A renewal intimation letter shall be sent to the applicant/owner and renewal details shall be advertised in the Trademark Journal.
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Frequently Asked Questions
How much time is needed for trademark renewal?
On an average, it takes 3-5 days to file a trademark renewal application. After that, the Registrar of Trademark will process the trademark renewal application on its end and will issue a renewal intimation letter within 3 to 4 months of time.
What are the required documents For Trademark Renewal?
There are a few essential and required list of documents needed for trademark renewal. To know more in depth, kindly refer to the text above mentioned.
What will happen if I don’t renew my trademark?
If you don’t renew your trademark, you shall lose the protection under Trademarks law and any third party or infringer can apply for a similar trademark. Also, your trademark will no longer be an asset to the organization and may lead to depletion of goodwill and prestige. If you want to get the trademark registration again, you have to follow the registration procedure which is again time-consuming and lengthy.
Whether Digital Signature Certificate (DSC) required for trademark renewal?
Digital Signature Certificate (DSC) is not required for filing a trademark renewal application if you’re applying through a Trademark Agent/Attorney/Consulting Firm. In other cases, DSC is mandatorily required.
Who can get a Trademark registration?
Anyone who wants to make a brand identity or secure their own design, product, print or service from reuse without usage rights can avail a trademark registration easily.
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