Trademark Renewal
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What is Trademark Renewal
Trademark renewal is a crucial yet often overlooked aspect of brand management. While the initial registration of a trademark is an exciting milestone for any business, renewing that trademark ensures continued legal protection and exclusive rights to your brand’s identity. Failing to renew can lead to the cancellation of your trademark, which opens the door to misuse, potential legal issues, and brand dilution.
Initially a trademark is registered for a period of 10 years from the date it is filed. To keep a trademark active, it must be renewed at the before the end of the aforementioned period. Trademark registration in India can be renewed after 10 years from the date of its application. Trademark renewal is a process to update the registration with the trademark office. Trademark renewal process ensures that trademark remains protected, allowing the owner to continue having exclusive rights to use it for their goods or services.
It’s crucial to file for renewal before the expiration date, ideally six months in advance, to avoid lapses in protection. Failing to renew on time may incur penalties, and if the renewal deadline is missed entirely, the trademark may be removed from the register, requiring a fresh application.
Documents Required For Trademark Renewal
Trademark Renewal in India does not require much documentation. Let’s explore what you need:
Authorization Letter
Our team will share the format of the authorization letter. This authorization letter is necessary so we can file the renewal request on your behalf.
Application Number
You simply need to share the application number which is to be renewed. Our team will check the status of the application and file the renewal request.
My Trademark Guide is your reliable partner in the process of trademark renewal online. We provide expert guidance and support to make the journey hassle-free. You can trust us to help you compile all the required documents and navigate through the complexities of the renewal process. Continue securing your brand identity today by choosing us!
Trademark Renewal Fees In India
The government fees for trademark registration renewal in India is same for all the applicant’s category whether individual, partnership, company, small enterprise, startup India registered entity or others. The government fees if the Trademark renewal is filed before the expiry date of the registration of the Trademark is Rs 9,000/-.
If the Trademark Renewal is done after the expiry of the registration of the trademark but within 6 months from such expiry, then the government fees shall be Rs 13,500/- [Rs 9000 (Normal Fees) + Rs 4,500 (Surcharge)].
Trademark Renewal Process In India
For the renewal of Trademark in India before the expiry of its registration period one needs to follow the below-mentioned procedure:
- Determine Renewal Date: Trademarks in India are initially registered for a period of 10 years. Renewal is due at the end of this period. It is crucial to identify the renewal date and initiate the process well in advance.
- Filing Application for Renewal: Submit a renewal application to the Trademark Registry. This should be done on Form TM-R within six months before the expiry of the registration. Provide accurate details of the trademark and pay the requisite fees.
- Examination and Processing: The Trademark Registry will examine the application for compliance. If all requirements are met, the registry will process the renewal, ensuring the continued protection of your trademark.
- Issuance of Renewal Certificate: Upon successful processing, the Trademark Registry will issue a renewal letter. This letter serves as proof of the extended validity of your trademark.
- Public Notice of Renewal: The renewal is published in the Trademark Journal, notifying the public of the continued existence and protection of your trademark. This transparency is crucial for maintaining the integrity of the trademark registration system.
Benefits Of Trademark Renewal
- Continued Protection: Trademarks serve as a unique identifier for your products or services. Renewing your trademark ensures that you maintain exclusive rights over your brand name, logo, or slogan. This, in turn, safeguards your business identity and prevents others from capitalizing on your established brand equity.
- Legal Compliance: The legal framework in India mandates the renewal of trademarks to sustain their validity. Failure to renew within the stipulated timeframe can result in the loss of exclusive rights, leaving your brand susceptible to infringement.
- Avoiding Disputes: Timely renewal helps in avoiding legal disputes and challenges. Regularly updating your trademark registration demonstrates your commitment to maintaining the brand, making it more challenging for others to claim rights over similar marks.
What Happens If Trademark Is Not Renewed
If a trademark is not renewed within time, it can lead to various consequences, including:
- Loss of Protection: If Trademark renewal is not done in time it means the protection it provides is no longer valid. This can open the door for others to use similar or identical marks for their products or services.
- Taken off the Register: Non-renewal of Trademark could lead to your trademark being removed from the official register of Trademark. It won’t be recognized as a registered trademark anymore.
- Can’t Protect Your Rights: Without an active registration, you might lose the legal rights that come with having a registered trademark. This includes the power to stop others from copying your trademark.
- Need to Apply Again: If you want protection back for your Trademark, you might have to start over and apply for registration again. But there’s no guarantee it will be approved.
- Higher Risk of Infringements: More people might use a similar mark without current trademark registration. This can confuse customers and cause legal problems.
Common Mistakes to Avoid in Trademark Renewal
Several common errors can cause complications in the renewal process. Here are some to watch out for:
- Missing Renewal Deadlines: Many businesses forget renewal dates, leading to expired trademarks. Keeping a calendar reminder or working with a trademark consultant can prevent this issue.
- Not Updating Ownership Information: Ensure that ownership details are current; any change in ownership must be reflected in the trademark records.
- Ignoring Infringement Issues: If you suspect infringement, address it before renewal to prevent legal complications and strengthen your position.
- Neglecting Classes and Scope of Use: If your business has expanded to new product or service categories, update your trademark classes to maintain comprehensive protection.
What Is Trademark Restoration
A Trademark is required to be renewed before the date of expiry of registration on the payment of the prescribed fees. If the Trademark is not renewed before the expiry of the registration, it still can be renewed within 6 months from the end of the expiry of the registration date.
If for any reason the Trademark is not renewed in time, then the Registrar of Trademark shall remove the Trademark from the Register of Trademarks.
Where a Trademark has been removed from the register due to non-renewal, the Registrar shall after six months but within one year from the date of expiry of the last registration of such Trademark, restore the Trademark to the register and renew the registration of the Trademark on receipt of a request in the prescribed form and payment of the prescribed fee from the applicant.
The Registrar may restore the Trademark to the register and renew the registration of the Trademark either generally or subject to such conditions or limitations as he thinks fit to impose. After such renewal, the Trademark shall be valid for a further period of ten years.
Why Choose Us
In the fast-paced business scene of India, where new ideas and competition are common, it’s super important to keep your brand safe. One big way to do this is by renewing your Trademarks on time.
Having a registered Trademark makes your brand special and gives it a clear identity. Once your Trademark is officially registered, it’s crucial to always watch out for its ongoing protection and validity. This is why renewing your Trademark matters a lot.
At My Trademark Guide, we understand the significance of safeguarding your brand identity in today’s competitive business landscape. As a leading provider of Trademark renewal services, we take pride in offering comprehensive and seamless solutions to protect your intellectual property. Here’s why choosing us is the smart and strategic decision for your Trademark renewal requirements in India:
Expertise and Experience
Comprehensive Guidance
Cost-Effective Solutions
Timely Execution
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Renewal Request Filing
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Frequently Asked Questions (FAQs)
One can go on the trademark website and check the status of the trademark. The trademark renewal status can be confirmed by looking at the validity date of the trademark. Trademark renewal letter can also be downloaded from the correspondences section.
It is recommended to renew your Trademark before the expiry date of last registration of such Trademark.
Trademark Renewal in India can be done till the expiry of 6 months from the expiry date of last registration.
Yes, a trademark can be renewed through the online portal provided on the trademark website.
Once registered, a trademark is valid for ten years. It can be renewed indefinitely in subsequent ten-year periods by paying the renewal fees.
The government fees for Trademark renewal is Rs 9,000/- for all the categories of applicants.
Yes, you can apply for restoration within one year from the expiration of the last registration, but conditions and additional fees apply.
However, it’s not mandatory, but legal assistance can ensure that the Trademark renewal process is handled correctly and efficiently. It is good idea to get a Trademark renewal done through a Trademark renewal attorney or agent.