All you Need to Know About Trademark Renewal Online

All the trademarks need to be renewed every ten years. To be precise, if possible, a trademark renewal must be filed before the registered trademark expired, at least six months in advance. The form of trademark renewal application should be prepared and filed before the cut-off date so that there is no possibility of litigation.

Consequently, trademark renewal covers the term of the trademark for the next ten years. This is done by filing TM-R along with the prescribed fee of Rs. 4000. The mark can be removed through trademark restoration. This becomes possible in case a person fails to renew is very important as it gives the importance of trademark to a registered brand

Those rights are protected only by a registered mark. If the owner fails to renew the trademark, he will lose all the protection that comes with the registration. It is necessary to note and remember that a registered trademark enjoys the benefit of a legal presumption of ownership. This simply means that the burden of proof is on others to try and/or disprove your ownership.

What are the Benefits of Trademark Renewal?

Legal Protection

You may establish your rights in court only if you believe that your registered trademark has been infringed.

Create a Unique Identity

Registering your trademark is the first step towards ensuring your customers’ satisfaction by identifying your services or products with your brand. Thereafter, the law would prevent any similar words or slogans from being registered for any other goods or services.

Create Business Prospects

If you want your brand to be successful, a trademark is an intangible asset that can be highly valuable. Many companies can make huge money in royalties through licensing agreements or even the transfer of ownership to interested or involved parties.

Extension of Ownership Rights

After the renewal of the trademark, the brand name may profit from the infringement of its rights over ownership. It provides the goodwill created by the brand and lasting protection of your brand.

Less Chance of Litigation

If you follow the rules and renew your trademark on time, it is possible to get uninterrupted trademark protection without any possibility of litigation. Renewal of a trademark makes it impossible for anyone to claim rights over the registered mark, other than the trademark owner.

Brand Name Protection

Renewal of trademark promises and protects the uninterrupted and continuous protection of the brand name. Frustration and failure to renew led to a breach of legal protection in the brand name.

Monetary Return

In exchange for some monetary compensation, the trademark owner has the exclusive right to license the registered trademark or assign it to another. You must take care of it; As a result of this, one can profit from the registered trademark.

What are the Required Documents For Renewal of the Trademark?

• Pre-existence of a registered trademark which is with the owner/owner (copy of registration certificate) Determination and intent of commercial use should be checked for eligibility (copies of the proof of the same). 
• Determination and intent of commercial use should be checked for eligibility (copies of proof of the same. You must ensure that there are no similar trademarks by performing a trademark search of well-known and licensed trademark databases.
• Power of Attorney to represent the applicant
• Address proof and photo ID of the applicant
• Copy of Application Form for Trademark registration – Form TM – A
• It is prudent to get a legal opinion for a viable solution when there is a trademark conflict. (copy of proof of disputed trademark.
• Prepare and receive a renewal application and thus comply with the appropriate condition.

What is the Procedure for the Renewal of a Trademark?

The owner has to apply for renewal before the Registrar of Trademarks in a prescribed Form [TM-R] on or before six months from the expiry date of the Trademark Registration. If no application for Trademark renewal has been filed, it should be done one to three months before the expiry of the registration.

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After that, the registration has to send a notice to the owner informing them about the upcoming renewal date. If notice of renewal is not given, you should note that none of the trademarks can be removed. The owner has to pay the trademark renewal fee as prescribed along with the application for renewal. Renewal can be done in two ways, which are:-

After filing the trademark renewal application – it is important to check the renewal application status at regular intervals until the registrar processes it. Trademark renewal requires a number of time-bound actions or responses on the part of the applicant. Hence, it is important to take necessary action till the registration and to continuously check the status of the application.

• Trademark journal 

The trademark journal is known as the official gazette of the office of the registrar of trademarks. The trademark is published in the Trademark journal if the Trademark Examiner administers and confirms that the application is appropriate. Third parties have the chance to oppose the registration of the mark when the application is advertised.

• Trademark Expiration

There is still hope here, because if you do not apply for renewal of the trademark within 6 months after the date of expiry then you can apply for reinstatement. You can apply for reinstatement by submitting an application under section 25(4) of the Trademark Act, 1999, and paying the prescribed fee. However, this can be done only within one year of the expiry of the registered trademark.

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Online Registration Process for Trademark Renewal

Go to the Official website of IpIndia and then click on comprehensive E-Filing as shown in the upper picture.

After clicking comprehensive E-Filing you will get the next website then click eFiling Trademark as shown in the picture

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Then you get this form. just fill it in using your username and password then you will get all the information related to the expiry date of your trademark and renewal application it costs you Rs.10000 for online registration and if you choose Legaltax for renewal of the Trademark it costs you Rs.9000.

Legal tax Process For Renewal of Trademark

Trademark renewal is an essential step in terms of the fundamentals of the existence of a registered trademark. The renewal of the trademark application will be prepared with careful consideration, and sufficient time should be given to all stages of the process. It is advised that a lawyer with ‘trademark experience’ should be appointed to overcome the many potential pitfalls that may come up within a trademark renewal application.

Legal tax suggests that you should get in touch with a Trademark Consultant to understand the need for renewal of the trademark in detail. Basic information will be mandatory on your part to start the process. As soon as you send us your details, a legal representative will contact you to learn more about your needs. They will walk you through the process and fees, which will depend on whether you need to renew or restore the trademark.

Our lawyers will start preparing the relevant documents and work on your trademark renewal application. We will keep you informed of the recent status of your application, and within 4 to 5 months, you will receive confirmation that your Trademark has been successfully renewed for the next ten years.

Why Choose Legaltax for Renewal of Trademark Process

Legaltax is one of the best platforms which correlates to accomplishing all the legal requirements you need and also connects you to consistent and experienced professionals. Yes, our clients are pleased with our legal and tax services because of our target of simplifying legal and tax services and requirements. They have always regarded us highly and give regular updates.

Our client can also track at all times the development of our platform. If you have any queries about the Trademark Renewal process, our experienced legal advisors are just a phone call away. Legal tax will ensure that your communication with high professionals is attractive and logical

Sometimes it’s Short Comes of Failure to the Renewal of Trademark

The shortcomings of not renewing the trademark are especially harsh. The proprietor has paid no fee for renewal, or in case no application for renewal has been filed, the Registrar may remove the mark from the register. To remove the trademark journal, the Registrar shall first advertise his purpose to remove the mark by advertising the notice before removing the trademark.

Letting – down to renew alters all those who are either defined or licensed the trademark and not just the proprietor himself. Not renewing your trademark also disturbs your legal rights, which, in effect, drops your legal position. It is because; a registered trademark has the dominance of exclusiveness. Though, the core benefit of renewal is that it discourages other people from using your mark.

The Trademark Act is very compassionate as well as affectionate to the worries of the proprietor. Therefore, they got one more chance to renew the trademark within six months by filing the prescribed form [Tm-10] along with the additional charges.

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FAQ’s

What is the Procedure for Trademark Renewal?

For the renewal of a trademark, the following are required:

1. A copy of the registration certificate.
2. Copy of form TM-A (the form used for the original application for registering the trademark)
3. ID and address proof of the applicant.
4. Power of attorney if the applicant is an authorized representative or an agent. 

What will happen if the proprietor fails to renew the Trademark?

He/she shall drop all the protection that comes with the registration if the proprietor fails to renew the Trademark.

What happens to the Ownership Rights after trademark Renewal?

After the renewal of the Trademark, over the brand name, one can profit from violations of rights over the ownership. It provides goodwill created by the brand and the permanent protection of your brand 

What are the documents required For Trademark Renewal?

For the renewal of a trademark, the following are required: 

• A copy of the registration certificate. 
• Copy of form TM-A (the form used for the original application for registering the trademark) 
• ID and address proof of the applicant.

What are the ways the Trademark can be renewed?

Renewal can be done in two ways, which are:-

1. Simple Renew the Trademark 
2. Renew the Trademark with changes/modifications and modifications.

What is the form that is required for applying for Trademark Renewal?

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

How can Legaltax help with Trademark renewal?

Legal tax Ensure complete Documentation Handling Pre – requisite alterations, Applications Processing,  if any,  backing on Legal Demands If any, and give 100% Assurance for Successful Renewal of the Trademark Our Professional and experienced lawyers will start preparing your relevant documents and working on your Trademark Renewal application. Legal tax keeps you updated on the recent status of your application. You will get confirmation that your Trademark has been renewed successfully for another Ten years, within 4 to 5 months.

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