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Trademark

Renewal

  • Advice on the procedure of obtaining a Trademark Registration in India.
  • Information, search, and filing of an application for Trademark Registration in India
  • Collection of the necessary documents and filing of documents along with the application.
  • Guidance on compliance related to Trademark Registration in India.

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How to Start a Trademark Renewal

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Overview

Trademark registrations have10-year validity and can be renewed indefinitely. The Registrar has set a wide window for you to do so, beginning from 6 months before the date of expiry. Even if you forgot, as even large organizations, tend to do, you will be sent a notice to your registered address before the date of expiry. If you still do not file for renewal, the registrar may advertise its intention to remove the trademark in the Trade Marks Journal. This is, however, likely to happen only 12 months after the expiry, trademark registration can be renewed on payment of a fine through process called ‘restoration’. Trademark acts as a distinguisher between the goods or services from a different business. A registered trademark cannot be registered if it is found offensive, lacks distinctiveness and contains government emblems.

Documents Required for Trademark Renewal:

  • A copy of the Trademark registration certificate.

  • Power of attorney to represent the applicant.

  • Photo Id and address proof of the applicant.

  • Copy of Application form of Trademark registration.

doc_Trademark_Renewal.png

Checklist for Trademark Renewal:

  • Pre-existence of a registered trademark, possessed by the proprietor, subject to renewal.

  • The intent for commercial use should be analyzed for eligibility.

  • Make sure that there is no similar trademark, by executing a trademark search of the eminent and licensed trademark database.

  • If there is a conflict of trademark it is prudent to get a legal opinion for a feasible solution.

  • Procure and prepare an application for renewal and thereby comply with appropriate conditions.

Procedure for Trademark Renewal in India:

The Trademark Renewal in India can be done in the following two ways:

  • Application for the Renewal of Trademark in India without any change;

  • Application for the Renewal of Trademark in India with a change in sign or words in the already existing registered Trademark.

The Procedure for Trademark Renewal in India is as follows:

Step1: Filing of Application: The application for Trademark Renewal in India is made in Form TM-12. The application is required to be made by the owner of the registered Trademark or by an authorized agent of the owner. The help of the professional is advised to be taken while filing the application of the Trademark Renewal in India. The guidance from the professionals will ensure that the Trademark is very well protected.

Step2: Status Check of Application: After filing of the application for Trademark Renewal, it is very important to check for the status of the filed application from time to time until the Registrar of Trademark processes the same. The Trademark Renewal in India, from time to time, requires various time bound responses or actions from the applicant of the registered Trademark.

Step3: Advertisement in Trademark Journal: The Trademark journal is an Official Gazette in the Trademarks Registry, which states that whatever the application filed for registration of Trademark is accepted or not by the registry. If the Registrar of Trademark thinks that the application filed is acceptable, then the Trademark is officially advertised in the Journal of Trademark at the Registry. When the application filed is advertised in the Trademark Journal at the Registry, the third party is given an opportunity for the opposition of the Registration of Trademark. The process of Trademark Opposition is not needed while there is a Renewal of an already registered and existing Trademark in India.

Procedure_for_Trademark_Renewal.png

Benefits of Trademark Renewal in India

The following are the advantages of incorporating a Section 8 company over other modes of registering an NGO:

  • Brand Name security: The Trademark renewal in India will promise continuous and unhindered protection of the Brand Name from the other competitors in the market. There will be an actual loss of legal protection of the Brand Name if the time period to file for the application of Renewal has lapsed.

  • Protection from any Frivolous Litigation: The time to time Trademark Renewal in India will save the possibility of any kind of frivolous litigation on the authorized owners of the Trademarks. The Renewal makes it impossible for any other person to claim the rights on the Trademark other than the authorized owner of the Trademark.

  • Ownership Rights Extension: The applicant is authorized to avail protection from the infringement of Trademark in India. The Trademark Renewal in India extends the exclusive rights of the authorized owner over the registered Trademark for a time period of 10 years after each Trademark Renewal in India.

  • Monetary Returns: The owner of a registered Trademark in India has the exclusive rights to assign or license the Trademark to someone else. The Trademark assignment and license of a Trademark are given to someone else in return for some kind of monetary compensation to the authorized owner of the registered Trademark. The owner can thus, make a certain amount of profit from the registered Trademark in India.

  • Legal Protection: If you believe your registered trademark has been infringed, you can easily establish your rights in court.

  • Business Opportunity: A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or Mc Donald’s. Business can earn huge amount in royalties through licensing agreements or even transfer of ownership to interested parties.

  • Unique Identity: You would want your customers to identify your products or services with your brand. Registering your Trademark is the first step towards ensuring this. The law would then prevent any similar words or slogans from being registered.

How Legal Tax Helps With the Trademark Renewal Process:

  • Requirement: As soon as you send your details, a representative will get in touch to find out more about your requirements and explain the process and charges to you. Charges would depend on whether you need the trademark renewed or restored. Renewal costs Rs. 9000 in government fees, while restoration costs Rs. 18000.

  • Application for Renewal: Our lawyers will start working on your Trademark Renewal application and prepare the relevant documents. Either Form-10 or Form-12 would need to filed with the registrar, along with renewal fees.

  • Confirmation: ] We will keep you up-to-date on the status of your application, and within four to five months you will receive confirmation that your trademark has been renewed for another 10 years.

Why to Choose Legal Tax Over Any Other Organization:

  • By handling all the paper work, we ensure a seamless interactive process with the government. We provide clarity on the incorporation process to set realistic expectations.

  • With a very strong experienced team of business advisors and legal professionals, you are just a phone call away from the best in legal services.

FAQ's

Trademark registrations have 10-year validity and can be renewed indefinitely. The Registrar has set a wide window for you to do so, beginning from 6 months before the date of expiry. Even if you forgot, as even large organizations, tend to do, you will be sent a notice to your registered address before the date of expiry. If you still do not file for renewal, the registrar may advertise its intention to remove the trademark in the Trade Marks Journal. This is, however, likely to happen only 12 months after the expiry, trademark registration can be renewed on payment of a fine through process called ‘restoration’. Trademark acts as a distinguisher between the goods or services from a different business. A registered trademark cannot be registered if it is found offensive, lacks distinctiveness and contains government emblems.

However, it is necessary to renew trademark registration as it has a validity of 10 years. Trademark registration renewal can be done beginning from 6 months before the date of the expiry. A notice for trademark renewal is sent before the date of expiry. If an individual still fails to renew the trademark then the registrar may remove the trademark from the Trademarks Journal. But again this happens only after 12 months after the expiry date. Between 6 and 12 months after the expiry trademark registration can be renewed on payment of a fine through a process called restorations.

  • A copy of the Trademark registration certificate.

  • Power of attorney to represent the applicant.

  • Photo Id and address proof of the applicant.

  • Copy of Application form of Trademark registration.

The Trademark Renewal in India can be done in the following two ways:

  • Application for the Renewal of Trademark in India without any change;

  • Application for the Renewal of Trademark in India with a change in sign or words in the already existing registered Trademark.

The Procedure for Trademark Renewal in India is as follows:

Step1: Filing of Application: The application for Trademark Renewal in India is made in Form TM-12. The application is required to be made by the owner of the registered Trademark or by an authorized agent of the owner. The help of the professional is advised to be taken while filing the application of the Trademark Renewal in India. The guidance from the professionals will ensure that the Trademark is very well protected.

Step2:Status Check of Application: After filing of the application for Trademark Renewal, it is very important to check for the status of the filed application from time to time until the Registrar of Trademark processes the same. The Trademark Renewal in India, from time to time, requires various time bound responses or actions from the applicant of the registered Trademark.

Step3:Advertisement in Trademark Journal: The Trademark journal is an Official Gazette in the Trademarks Registry, which states that whatever the application filed for registration of Trademark is accepted or not by the registry. If the Registrar of Trademark thinks that the application filed is acceptable, then the Trademark is officially advertised in the Journal of Trademark at the Registry. When the application filed is advertised in the Trademark Journal at the Registry, the third party is given an opportunity for the opposition of the Registration of Trademark. The process of Trademark Opposition is not needed while there is a Renewal of an already registered and existing Trademark in India.

  • Brand Name security: The Trademark renewal in India will promise continuous and unhindered protection of the Brand Name from the other competitors in the market. There will be an actual loss of legal protection of the Brand Name if the time period to file for the application of Renewal has lapsed.

  • Protection from any Frivolous Litigation: The time to time Trademark Renewal in India will save the possibility of any kind of frivolous litigation on the authorized owners of the Trademarks. The Renewal makes it impossible for any other person to claim the rights on the Trademark other than the authorized owner of the Trademark.

  • Ownership Rights Extension: The applicant is authorized to avail protection from the infringement of Trademark in India. The Trademark Renewal in India extends the exclusive rights of the authorized owner over the registered Trademark for a time period of 10 years after each Trademark Renewal in India.

  • Monetary Returns: The owner of a registered Trademark in India has the exclusive rights to assign or license the Trademark to someone else. The Trademark assignment and license of a Trademark are given to someone else in return for some kind of monetary compensation to the authorized owner of the registered Trademark. The owner can thus, make a certain amount of profit from the registered Trademark in India.

  • Legal Protection: If you believe your registered trademark has been infringed, you can easily establish your rights in court.

  • Business Opportunity: A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or Mc Donald’s. Business can earn huge amount in royalties through licensing agreements or even transfer of ownership to interested parties.

  • Unique Identity: You would want your customers to identify your products or services with your brand. Registering your Trademark is the first step towards ensuring this. The law would then prevent any similar words or slogans from being registered.

  • Requirement: As soon as you send your details, a representative will get in touch to find out more about your requirements and explain the process and charges to you. Charges would depend on whether you need the trademark renewed or restored. Renewal costs Rs. 9000 in government fees, while restoration costs Rs. 18000.

  • Application for Renewal: Our lawyers will start working on your Trademark Renewal application and prepare the relevant documents. Either Form-10 or Form-12 would need to filed with the registrar, along with renewal fees.

  • Confirmation: ] We will keep you up-to-date on the status of your application, and within four to five months you will receive confirmation that your trademark has been renewed for another 10 years.

  • By handling all the paper work, we ensure a seamless interactive process with the government. We provide clarity on the incorporation process to set realistic expectations.

  • With a very strong experienced team of business advisors and legal professionals, you are just a phone call away from the best in legal services.

It will be filed on the same day.

There is no way to restore the trademark once it has been abandoned; the only way to reinstate the trademark rights is by the way of filing a new trademark application.

In case you missed the trademark renewal date, but still you have not exceeded 6 months from the actual deadline, you may file for Trademark renewal by making the late fees payment. But in case you have missed the deadline and also exceeded the grace period of 6 months, your trademark will be abandoned and there is no way to restore the same.

A trademark registration can be restored after six months and within one year from the date of expiration of the last registration of the mark.

The renewal can be filed within one year prior to the date of the expiry as per rules 57 and 58 in Trademark rules 2017.

The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trademark rules 2002.

The renewal can also be filed within six months after the date of expiry.

Trademark renewal applications should be made six months before the expiry date of the registration. An application is to be made with the payment of fees.

The trademark registration helps an individual obtain exclusive rights for the use of words or symbols. Whereas the Trade renewal helps in continuing the ownership and use of the trademark.

Trademark registration is valid for 10 years, the processes of renewal begins after the period of expiry.

In case if the trademark registration is not renewed the trademark would be removed from the register and any other person claim and get it registered to their name.

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 that he or she has acquired while registering.

In return for some monetary compensation, a trademark owner has the proprietary rights, to license, or assigns the mark the registered Trademark to someone else. As result of this, one can profit from a trademark that is registered as well.

The proprietor must apply for renewal before the Registrar of the Trademark in a prescribed form [TM-R] on or before six months from the trademark registration expiration date.

Yes, the Trademark must be publicized in the Trademark Journal if the Trademark Examiner administers that the application is suitable.

Restoration can be done if you don’t apply for the renewal of the Trademark within six months after the expiry date. You can apply for ‘restoration’ by submitting an application and paying the prescribed fee Under Section 25(4) of the Trademark Act, 1999.

Yes. Legal Tax suggests that you should contact a trademark advisor to understand the requirement in detail for Trademark Renewal.

Yes. The Trademark Act is very understanding as well as sympathetic to the worries of the proprietor. Therefore, after the date of the expiration of registration by a filing prescribed form [TM-10], they have provided another chance to renew the Trademark within six months by paying the additional charges.

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