Description
Trademark Renewal
Steps to Follow while Applying for Renewal or Change in Trademark Renewal
Trademark acts as a distinguisher between the goods or services that are offered from other similar goods or services from a different business. A registered trademark cannot be registered if it is found offensive, lacks distinctiveness and contains government emblems.
However, it is necessary to renew trademark registration as it is has a validity of 10 years. Trademark registration renewal can be done beginning from 6 months before the date of the expiry. A notice for trademark renewal is sent before the date of expiry.
If an individual still fails to renew the trademark then the registrar may remove the trademark from the Trademarks journal. But again this happens only after 12 months after the expiry date. Between 6 and 12 months after the expiry trademark registration can be renewed on payment of a fine through a process called restoration.
Documents required for the Trademark Renewal
- A copy of the trademark registration certificate
- Power of attorney to represent the applicant
- Photo Id and address proof of the applicant
- Copy of application form of Trademark registration
Checklist for Trademark Renewal
- The trademark should be registered, possessed by the proprietor and subject to renewal
- Conduct a trademark search to make sure that there is no similar trademark.
- Get a legal opinion for feasible solution if there is a conflict of trademark.
- Prepare an application for renewal and thereby comply with appropriate conditions.
Trademark Renewal Procedure
How to Renew a Trademark?
Trademark renewal is of two types:
- There is alteration and change of sign or logo of the registered trademark
- Application is made without any change in the trademark
Here is simplified process:
- The application for trademark registration renewal in the form of TM-R.
- The application can be filed by the registered owner of the trademark or an agent authorized by him.
- By filing a renewal application for trademark, will renew it for another 10 years.
- Checking the status of the application periodically is very important until it is processed by the registrar.
- The trademark journal is the official gazette of the trademark registry which governs the status of accepted or rejected. If the application is accepted then it is advertised in the trademark journal. And the renewal process should begin 3 to 6 months before the expiry of the trademark.
- To file the application Form 18 with the requisite fees. The application is reviewed for the quality before it is finally approved for renewal.
Duration to Restore a Trademark
- A trademark registration can be restored after six months and within one year from the date of expiration pf the last registration of the mark.
- The following forms must be provided along with the application for the renewal of the Trademark along with the fee:
| Forms | Purpose | Cost- Physcial | Cost E-filing |
|---|---|---|---|
| TM-R | Application for renewal | Rs 10,000 + Renewal fee | Rs 9,000 + Renewal fee |
| TM-18 | Affidavit in support of statements of the case | – | – |
Duration to renew a trademark registration
- The trademark should be registered, possessed by the proprietor and subject to renewal
- Conduct a trademark search to make sure that there is no similar trademark.
- Get a legal opinion for feasible solution if there is a conflict of trademark.
- Prepare an application for renewal and thereby comply with appropriate conditions.
Mandatory Notice from the Office of the Registrar of Trademarks
The office of the registrar of Trademarks will send a notice 6 months before informing the proprietor about the deadline for renewal of the trademark.
If the trademark is not renewed within a stipulated time, then the trademark will be removed from then register of Trademarks.
However, the trademark can be restored by filing an application along with the required fee.
Trademark Renewal Plans
All Inclusive Pricing – No Hidden Fee
Drafting and filing of trademark renewal application. For individuals, proprietorships, registered SMEs and registered Startups. Inclusive of government fee and service tax.
Drafting and filing of trademark renewal application along with MSME registration certificate. Inclusive of government fee and service tax.
Drafting and filing of trademark renewal application. For entities without Startup or MSME registration. Inclusive of government fee and service tax.
General questions
The application of trademark renewal needs to have these documents attached a copy of the registration certificate, power of attorney, ID and address proof of the applicant, and a copy of the TM 1 form.
The trademark registration is an asset for the company under this a word or visual symbol are used by a business to help them distinguish the goods and services from that other similar goods and services. Thus, renewing a trademark is always beneficial.
In case if the trademark registration is not renewed the trademark would be removed from the register and any other person claim and get it registered to their name.
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