Get your Trademark renewed Online for next 10 years

Get confirmation that your trademark has been successfully renewed for another decade. Rely on KNAP Advisory to locate the finest and most devoted legal services team.

Documents required for Applicant

  • Pan Card Copy (Mandatory)
  • ID Proof (Any one) – Driving License/ Voter ID/ Passport Copy/ Aadhaar Card
  • Passport Size Photograph
  • Mobile No. & Email-ID

For Trademark

  • Trademark Certificate
  • Login Credentials if available

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Online Trademark Renewal in India

An Overview- Trademark Renewal

Trademarks are graphical representations of the company or person delivering goods or services. According to the Trademark Act of 1999, these marks can be registered with the Trademark Registry Offices.

The trademarks can be registered for ten years. At the request of another party, a trademark may be cancelled after five years of inactivity. The owner of a trademark has the option to renew the mark forever every ten years. The Registrar allows the trademark owner six months prior to the expiration of the ten-year period to renew their trademark and continue to enjoy the awarded rights. The registrar will print an advertisement in the Trademark Journal announcing the termination of a trademark if the owner fails to renew it.

After ten years, if the trademark is not renewed, the owner has the option of restoration, which is the same as renewal but fee will be levied.

Benefit

Trademark Renewal Benefits

Legal protections:

Trademarks are recognised as intellectual property and can be protected against infringement following registration. In addition, trademark registration grants the exclusive right to use the mark in relation to the "Class" of goods and services that the mark represents.

Product differentiation:

Trademark registrations are exclusive to the goods or services they represent. A trademark allows you to distinguish your goods from those of your rivals.

Identify your brand:

Customers associate the performance, quality, and features of a product with its manufacturer. They frequently recognise the product by its registered trademark logo.

Asset Creation:

The registration of a trademark becomes an asset for a company. A trademark is regarded as an intangible asset for accounting and income tax reasons. Trademarks are protected forms of intellectual property that carry monetary value for the goods they represent.

Detailed process of Trademark Renewal in India (How to renew trademark?)

Detailed procedure of trademark renewal in India.

There are two different types of renewal:

  • Alteration and modification of the registered trademark's symbol or emblem.
  • Application made without modification to the trademark.

The renewal process is as follows:

  • A renewal application is submitted using the form TM-R.
  • Application can be submitted by:-
  1. the registered owner of the trademark or
  2. an agent approved by the owner may file the application.

- Renews it for another ten years by completing a renewal application.

  • It is essential to periodically check the status of your application after submitting it and until it has been handled by the registrar.
  • You can monitor the application status in the trademark diary. Upon acceptance, the application will be published in the Trademark Journal. Therefore, you are suggested to initiate the renewal process three to six months prior to the trademark's expiration date.
  • The registrar evaluates the quality of the application before approving it for renewal.    

Online Checklists for Trademark Renewal

There are several requirements for renewing a trademark in India.

  • Prior ownership of a registered trademark by the proprietor.
  • Eligibility should be based on the planned commercial use.
  • Confirm that there are no comparable trademarks by conducting a trademark search in the most comprehensive and licenced trademark database.
  • If a trademark issue arises, it is important to seek legal counsel for a practical solution.
  • Obtain and draft an application for renewal according to appropriate conditions.

Documentation required for trademark renewal in India

Certain Documents Must Be Submitted for the Renewal of a Trademark

  • Certified Registration Certificate copies
  • Permission to act on the behalf of applicant
  • A photo identity and proof of address from the applicant
  • A duplicate of the Trademark Registration Application

 

HELP & FAQs

Can an application for trademark renewal be filed after the registration's expiration date?

Yes, renewal requests can be made within six months of a trademark's expiration date. It can be accomplished by submitting Form TM 12 with the corresponding late fee.

What is the renewal period for a trademark?

The renewal application can be filed within six months previous to the trademark's expiration date and within six months after the trademark's expiration date, with the appropriate late costs.

Which trademark forms must be submitted for trademark renewal?

The following form is required for the renewal of a trademark.
- TM-R - Application for Renewal/Restoration of Registration of a Trademark or for Payment of the Renewal Surcharge
- TM-18 - This is an affidavit in support of the statement of the case (it is only to be filed when needed by the Registrar in support of a statement of the case supplied pursuant to Section 40(2) or in relation to a request under rule 6).

What is the restoration of the trademark?

Trademark restoration is the process of restoring a trademark that was deleted from the TM register for failure to renew within the statutory time frame.

What is the status of a registered trademark's validity?

The trademark registration validity period is ten years from the date of approval. The licence must be renewed every ten years.

Can I submit a renewal application for a trademark online?

Yes, applications for trademark renewal can be filed online with the assistance of Professionals.

Who is authorised to submit applications for trademark renewal?

The application may be submitted by either the trademark owner or an authorised representative. For trademark renewal, it is recommended to get professional assistance and advice.

Can trademark be remove from the trademark register?

Failure to renew a trademark within the allotted time frame results in its removal from the register. It will be available for restoration for a brief period before being registered as a non-registered trademark.

What is the consequence of failing to renew a trademark?

By failing to renew a trademark, your legal rights will be affected, so weakening your legal position. To prevent infringements, it is necessary to renew the trademark.

 

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