TRADMARK RENEWAL
The trademark registration is valid for ten years. It may possibly be revived from time to time. This application has to be filed before 6 months from the date of expiration of the registration. Trademark renewal will preserve those rights which are only available to a registered mark. In case Proprietor can be lose all the protection when he will fail to renew the trademark that will come along with registration. And a person failing to renew a trademark, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark.
Need for renewal of Trademark
There are many advantages to renew a trademark. The trademark holder gets special rights to usage and is protected of a registered trademark by law from the infringement of such rights by others. The holder can be transferring the right of trademark to another person or company at their will. Licensing of trademarks are only possible when the trademark of the holder is registered, therefore a registered trademark holds immense monetary value.
- Renewal duration of a Trademark
The renewal can be filed within 1 year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
The renewal can be filed within 6 months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
The renewal can also be filed within 6 months after the date of expiry.
- Trademark Renewal Process in India
The renewal of the trademark is an online process whenever your attorney can finish inside a day. The practice is time-bound and quite technical that an early initiative on the own part to renew the trademark would ensure smooth and more economical renewal of their trademark. The timeline re-new the trademark opens one year before the expiry of the trademark registration. You need to be sure to record Form TM-R with a prescribed trade-mark renewal charge of Rs 10,000 within the expected date of renewal of the trademark. We're readily available to assist you in renewing the trademark registration without difficulty and at the reasonable professional fee.
Documents required for Trademark mark renewal
Documentation of Trademarkmark renewal
- Pre-existence of a registered trademark which is possessed by the proprietor/owner (Copy of the Registration certificate)
- The determination and intention for commercial use should be examined for eligibility (Copies of the Proof of same).
- Make sure that there is no similar trademark by executing a trademark search of the well-known and licensed trademark database.
- Power of Attorney is required to represent the Applicant
- Applicant’s Address proof & Photo ID
- Application form’s Copy for trademark registration – Form TM-A
- It is prudent to get a legal opinion for a feasible solution if there is a conflict of the trademark. (Proof of Conflicted Trademark)
Frequently Asked Questions
Ans. 1 The Process of trademark renewal is revalidation registration in India. The trademark registration remains valid only for a term of 10 years since the date on which the application for the registration of the trademark was initially filed. After that renewal of the trademark, the validity of the registration of the trademark gets extended for another period of 10 years.
Ans. 2 Yes, when the trademark is expired, then it can be renewed with an additional fee of Rs 5000 within the grace period 6 months. However, after the expiry of a term of 6 months post expiry of the trademark registration, the registrar of trademarks shall cancel the registration. The revocation of the cancelled registration can be made within 1 year from the expiry date of the registration.
Ans. 3 The trademark registration is a long process including multiple stages; however, the renewal of trademark is relatively more straightforward work if the application for renewal of the brand is filed within its due date of renewal. When the due date is missed out then the simple process becomes a very complex exercise.
Ans. 4 The trademark renewal is due immediately after the 10th year of the registration begins for the registered trademark and ends on the last date of validity of the registration. For example, if the trademark registration is valid until 31st January 2021, then the renewal due date starts on 1st February 2020 and ends on 31st January 2021.
Ans. 5 The registration of the trademark can be renewed by filing the prescribed form (TM-R) and on payment of the trademark renewal fee to the registrar of trademarks. if we process orders of the trademark registration is on the same day then we no need to change in attorney. However, if you have missed the due date, then the process is a little different.
Ans. 6 Some documents are required for filing the application of renewal of trademark A copy of the Registration Certificate, Power of Attorney, an ID & Address Proof of the Applicant and a copy of TM-1.
Ans. 7 The registration of this signature is really just a kind of an intellectual property protection, under this type of word or an visual emblem being used by almost any business to help distinguish its services or goods out of that of the other very similar services or products that might be originating by an alternative firm becomes protected. This advantage will probably last if the trademark is renewed.