Trademark Renewal in India
The trademarks are the most valuable Assets for any business that can be owned for the indefinite time , if the Renewal of Trademark is done on time. The validity of trademark registration is ten years from the date of making the application, that can be renewed for 10 Years for any number of times. For Trademark Renewal, Consult with our Trademark Attorney.
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Trademark Renewal Online: Overview
In the competitive business landscape of India, protecting your brand’s identity is crucial for long-term success. One of the essential steps in safeguarding your brand is the renewal of trademarks.
Trademark renewal is the process of extending the validity of a registered trademark beyond its initial period. In India, trademarks are initially registered for a period of ten years. To ensure the continued protection of your brand, it is essential to renew your trademark before it expires.
Renewing your trademark is vital for maintaining exclusivity over your brand identity. By renewing your trademark, you secure legal protection against unauthorized use, imitation, or infringement. It enables you to continue building brand reputation, customer loyalty, and market recognition without any legal hurdles.
The Benefits of Trademark Renewal
Preserving Brand Recognition
Renewing your trademark helps preserve brand recognition. Over time, a trademark becomes synonymous with a business and its products or services. By renewing the trademark, you solidify your brand’s identity and ensure that competitors cannot infringe upon your distinctive mark.
Protecting Intellectual Property
Intellectual property is the lifeblood of many businesses. Trademarks play a vital role in protecting intellectual property rights. Renewing your trademark ensures that your brand remains safeguarded from unauthorized use or infringement, giving you legal recourse if such issues arise.
Maintaining Strong Market Share
A strong trademark can contribute significantly to your business’s market share. By renewing your trademark, you reinforce your position in the market and build customer loyalty. Consumers associate your trademark with quality and reliability, allowing you to maintain a competitive edge over rivals.
Documentation & Timeline for Trademark Renewal
Required Documents
- 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
The validity of Trademark
Trademark validity in India is initially granted for a period of ten years from the date of filing the application. The trademark owner has the right to use and protect the mark during this period. After every 10 Year , its legal responsibility of trademark owner to renew trademark for next 10 year before its get expired.
Timeline for Renewal
The renewal application in TM-R with the standard trademark renewal fee in India of Rs 10,000/- can be filed starting one year before the expiry and until the registration has not expired. Once the trademark registration gets expired, you get another six months of grace period to renew the trademark registration with an additional fee of Rs 5000/-
Trademark Renewal Fees
| Government Fee (Form TM-R) | ₹ 9,000/- |
|---|---|
Professional Fee | ₹ 2,699/- |
GST@18% | ₹ 486/- |
Total Renewal Fee | ₹ 12,185/- |
Package Does Not Include:
1. Trademark Attorney Change Fee
2. Late Fee of Renewal
3. Trademark Restoration Charges
4. Please seek personalised quote if ™ Expired.
Restoration of Trademark
There can be times that a person forgets to renew their trademark in the given time period. No worries there is still an option available in such cases. In the case of failure to renew one can then try to restore a trademark. Restoration of a trademark is allowed by the Trademark Act, 1999 under Section25 (4) where it allows persons to apply for the restoration of the trademark.
Restoration can only be done within one year of the expiry of the registered trademark. Restoration of a trademark includes an additional fee over the renewal fee of:
- 10,000 rupees if done by a person physically,
- or an additional 9000 rupees if done online
How to Renew Trademark?
A registered trademark is only valid for 10 years, after which it needs to be renewed. The registrar of trademarks will send you a letter of reminder of the expiry of the trademark 6 months prior to its expiry. When you are going to renew a trademark you have two options:
- Renew the trademark as it is
- Renew the trademark with changes and alterations
- The application for the renewal of a trademark is the form TM-R.
- The application does not need to be filed by the registered owner of the trademark, it can be done by an authorised representative or an agent.
After filing the application one has to follow the status of the application in case any opposition is filed to the registration of the trademark. Such opposition can be filed by any person of the public.
- When the application is approved the trademark will be published in the official gazette the Trademark Journal.
- If the trademark has been published then the owner of the trademark has protection for another ten years.
- The trademark can be indefinitely renewed.
The price for the renewal of a trademark depends upon whether it has been one in-person physically or it has been done online.
- If done physically the filing for the renewal costs 10,000 rupees
- If done online via e-filing it costs 9,000 rupees
FAQ on Trademark Renewal
Trademark renewal is the process of extending the validity of a registered trademark for an additional period, typically 10 years. This ensures continued legal protection and exclusive rights to use the trademark.
Renewing a trademark is crucial for maintaining brand protection. Failure to renew can lead to loss of rights, allowing others to use or register similar marks, which can dilute brand identity and market position.
You can renew your trademark:
- Up to one year before the expiration date.
- Within six months after the expiration date, but with an additional surcharge.
If not renewed within this timeframe, the trademark may be removed from the register
To initiate the renewal process, you typically need:
- A duplicate of the trademark registration certificate
- A completed renewal application form (TM-R).
- Identification proof of the applicant.
- Power of Attorney if represented by an attorney.
The fees vary based on filing method:
| Filing Method | Cost (Physical Filing) | Cost (E-filing) |
|---|---|---|
| TM-R Application | ₹10,000 | ₹9,000 |
| With Surcharge | ₹5,000 + Renewal Fee | ₹4,500 + Renewal Fee |
Minor changes may be permitted during renewal; however, significant alterations typically require a new application. It’s essential to check with the trademark office for specific guidelines.
If you miss the renewal deadline, you may still file within six months after expiration with a surcharge. After this period, the trademark will be removed from the register, but it can be restored within one year under certain conditions.
The renewal process generally involves:
- Filing an Application: Submit Form TM-R along with required documents and fees.
- Examination: The application will be reviewed by the trademark office.
- Publication: If approved, it will be published in the Trademark Journal.
- Issuance of Renewal Certificate: Upon successful publication, a renewal certificate will be issued.
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