Trademark Registration Renewal Online India
An Overview - Trademark Registration Renewal
Trademark registrations are valid for 10 years and are perpetually renewable. It has to be renewed starting six months before the expiration date. Even if you overlooked it—which even big organisations frequently do—you will receive a reminder at your registered address prior to the expiration date. The registrar may publish a notice in the Trade Marks Journal announcing its intention to withdraw the trademark if you still do not submit a renewal application. However, this is most likely to occur within a year after the expiration date. Trademark Registration Renewal Online India process can be done between six and twelve months after they expire by paying a fee through a procedure known as 'restoration'.
Documents Required Trademark Registration Renewal
- A Duplicate of the registration document
- Copy of TM-A form (form used for the original form for registering the trademark)
- Proof of the applicant's identity and address
- The applicant may be given power of attorney if they are an authorised representative or agency.
- Bringing a Trademark Back
Sometimes people neglect to renew their trademarks within the allotted time frame. No need to worry; there is still a choice in such circumstances.One could then try to get it restored if the trademark is not renewed. The Trademark Act of 1999 permits restoration of a trademark under Section 25(4), which enables anyone to submit applications.
Steps Involved in Renewal of Trademark in India
- Trademark Search: Before renewing a trademark, it is important to ensure that there is no similar or identical mark that has been registered or filed for registration. On the webpage of the Indian Trademark Office, a brand inquiry can be done.
- Application for Renewal: By spending an extra charge, the renewal application may be submitted either six months before the trademark expires or six months after it has expired. The registration can be submitted directly at the Trademark Office or online through the website of the Indian Trademark Office.
- Application Review: The Trademark Office will review the renewal application after it has been submitted to make sure that all required information has been given.
- Publication in Trademark Journal: The brand will be promoted in the Trademark Journal following the review of the renewal application.
- Opposition Period: During the four months following the date of publishing in the Trademark Journal, third parties may oppose the extension of the trademark.
- Renewal certificate: A renewal certificate will be given by the Trademark Office if there is no resistance or if the opposition is upheld in the trademark owner's favor.
- Paying Fees: Fees must be paid in order to complete the renewal procedure, which is the last stage. The fee may be made directly at the Trademark Office or electronically through the Indian Trademark Office website.
Checklist For Renewal Of A Trademark
- The owner's prior ownership of a registered trademark that is subject to renewal.
- To determine eligibility, the intent for commercial usage should be examined
- Make sure there are no trademarks that are similar by performing a complete research of the renowned and licenced trademark database
- A legal opinion should be sought if there is a trademark conflict in order to find a workable solution
- Obtain and prepare a renewal application, and then adhere to the necessary conditions.
Forms Required for Renewal of Trademark in India
For the renewal of trademark in India, the following forms must be submitted with the appropriate fee.
- Notice that the Department of the Registrar of Trademarks is required to send
- The Department of the Registrar of Trademarks will notify the trademark owner six months prior to the renewal deadline. The trademark will be deleted from the Register of Trademarks if it is not renewed within the permitted time frame
- The Trademark may, however, be reinstated by submitting an application and the necessary price
- Incase of trademark restoration, a trademark may be reinstated after six months but no later than one year from the date of the mark's last registration's expiration.
| Form type | Purpose of the Form | Cost(physical filing) | Cost(e- filing) |
|---|---|---|---|
| TM-R | Form to be completed by the trademark owner when requesting to renew their registration | ₹10,000 | ₹9000 |
| application for trademark registration renewal with a surcharge | ₹5000 + Renewal fee | ₹4500 + Renewal fee | |
| TM-18 | Supporting affidavit for the case statement | - | - |
FAQs on Trademark Renewal
There are common reasons for rejection include similarity to existing trademarks, lack of distinctiveness, trademark is descriptive of the nature of business (which it should not be!), use of derogatory terms, use of national emblems or failure to meet legal requirements. Conduct thorough research, ensure uniqueness, and adhere to guidelines for a higher chance of approval.
Choosing the right jurisdiction depends on your business scope. You will have to file where you operate, manufacture, or plan significant sales. Consult legal experts for precise guidance.
Ideally, trademarking your business name and logo early in the startup phase. Secure protection before significant market exposure to avoid conflicts. Timely registration enhances brand identity, safeguards assets, and mitigates legal risks.
To register a trademark in India, you need to follow these steps:
- Conduct a trademark search: Ensure your chosen trademark isn't already registered or too similar to existing ones.
- Choose the type of trademark:Identify the most relevant type (product, service, etc.) for your brand.
- File an application:Submit the application form with the required fees and documents to the Trade Marks Registry.
- Examination and publication: The Trademark Registry examines the application for potential conflicts and publishes it in the Trade Marks Journal.
- Opposition window:Anyone can file an opposition if they believe the trademark infringes on their rights.
- Registration or hearing:If no opposition is filed or resolved successfully, the trademark gets registered and a certificate is issued.
If your trademark is similar to an existing application, it would hurt religious sentiments, contain geographical names, or common words. It would also be rejected if it is likely to confuse.
Customer Testimonials
© Credfy. 2024 AVC Dotfy LLp. All Rights Reserved.