Trademark Renewal
Trademark Renewal
Market Price – Rs: 19,899
OnlineTaxSeva Price- Rs: 12,599 (All Inslusive)
“Note: Please talk to an advisor first and get all doubts resolved before proceeding with payment. Once we receive the payment, our team will reach out to you and work on the service.”
Documents required For Trademark Renewal
Form-48Copy of Form-48 |
Trademark Renewal
Trademark renewal is the process of extending the validity of a registered trademark for another ten years by filing a renewal application with the relevant authority. The renewal application needs to be submitted before the expiration of the trademark’s current validity period. The trademark renewal ensures the continued protection of a business’s intellectual property rights and enables them to prevent others from using their registered trademark.
In India, the process for trademark renewal involves submitting an application on the official website of the Trademark Registry along with the payment of the required fees. The application for renewal should be filed six months before the expiration of the trademark. The documents required for trademark renewal include a copy of the registration certificate, power of attorney, ID and address proof of the applicant, and a copy of the TM 1 form.
Once the renewal application is filed, the Trademark Registry will examine the application, and if everything is in order, the trademark will be renewed. If there are any objections or concerns, the Trademark Registry will communicate the same to the applicant, who will have the opportunity to address the objections or concerns.
Failure to renew a trademark can result in the trademark being removed from the register, and it may be available for others to register. It is, therefore, important to keep track of the renewal dates and ensure that the trademark is renewed in a timely manner. Renewing a trademark does not create any changes in the rights of the trademark owner. As long as the trademark is valid, the trademark holder can enjoy all the rights they have acquired while registering.
In India, a trademark registration is valid for a period of 10 years from the date of registration. The trademark renewal application can be filed within six months before the expiry of the registration. It is advisable to file for renewal well in advance to avoid any delay or inconvenience. If the trademark renewal is not filed within the prescribed period of 6 months before the expiry, a grace period of 6 months is given, during which the trademark can still be renewed by paying an additional fee. If the trademark is not renewed within this period as well, the trademark registration will expire and the trademark owner will lose the exclusive rights to use the mark.
FORM:
To renew a registered trademark, the following forms and fees are required:
- Form TM-R: This is the application form for renewal, which should be completed by the registered proprietor. The cost for physical filing is Rs.10,000, while the cost for e-filing is Rs.9000.
- Application for renewal with a surcharge: If the renewal is filed after the expiry date but within six months, a surcharge of Rs.5000 plus the renewal fee is required for physical filing, and Rs.4500 plus the renewal fee for e-filing.
- Form TM-18: This form is the affidavit in support of the statement of the case. No cost is mentioned for this form.
Restoration of a trademark is the process of reviving a lapsed or expired trademark. A trademark owner can restore the trademark within six months of the expiry date by filing an application for restoration along with the prescribed fee. If the application for restoration is accepted, the trademark is restored, and the rights associated with the trademark are revived.
The following steps need to be followed for the restoration of a trademark:
File an application for restoration within six months of the expiry of the trademark.
Pay the restoration fee along with the application.
The Registrar will examine the application and determine whether to restore the trademark or not.
If the application is accepted, the trademark will be restored, and the rights associated with the trademark will be revived.
If the application is rejected, the Registrar will communicate the reasons for rejection to the trademark owner.
The restoration fee for a trademark is generally higher than the renewal fee. The trademark owner must provide a valid reason for the delay in renewing the trademark. If the Registrar finds the reason to be satisfactory, the trademark can be restored.
Trademark Renewal FAQ’s
What are the necessary documents for trademark renewal? Answer: To renew a trademark in India, one needs to attach a copy of the registration certificate, power of attorney, ID and address proof of the applicant, and a copy of the TM 1 form.
What are the benefits of trademark renewal? Answer: Renewing a trademark provides continued ownership and use of the trademark, which is an asset for the company. It helps businesses distinguish their goods and services from similar ones.
When should one apply for trademark renewal in India? Answer: A trademark renewal application should be filed at least six months before the expiry of the registration. The application should be accompanied by the payment of fees.
Can a trademark be restored if it has expired? Answer: Yes, a trademark can be restored within 6 months of its expiry. An application is to be made for the same.
What is the difference between trademark registration and trademark renewal? Answer: Trademark registration grants exclusive rights to use a particular word or symbol, while trademark renewal ensures continued ownership and use of the trademark.
What is the validity period of a trademark registration in India? Answer: A trademark registration in India is valid for 10 years, after which the process of renewal begins.
What happens if a trademark is not renewed? Answer: If a trademark registration is not renewed, it would be removed from the register, and any other person can claim and get it registered in their name.
Are there any changes in the rights of the trademark owner after renewing the trademark? Answer: No, renewing a trademark does not create any changes in the rights of the trademark owner. As long as the trademark is valid, the trademark holder can enjoy all the rights acquired while registering it.