Trademark Renewal in India – Process, Document, Restoration

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A trademark registration in India is valid for 10 year. After that, it is no longer valid. However, the trademark registration can be renewed every 10 years to keep the trademark permanent. In India, you have to file a Trademark Renewal Application and pay the required renewal fees. It is important to remember that the application must be submitted no later than 6 months before the registration expires.

The owner must apply for renewal in a specified form [TM-R] to the Registrar of Trademarks on or before six months from the expiry date of the Trademark Registration. If no application for trademark renewal has been submitted, it must be done within one to three months of the registration’s expiry date.

Trademark Renewal in India can help you keep your trademark active for as long as you want, as there is no limit to the number of times or years you can do this.

Setupfilings.com makes it easy for you to file an application to renew your trademark in India.

Benefits of Renewing a Trademark in India

  • No need for litigation: If you renew your trademark on time, it will be protected and you won’t have to go through the painful process of litigation. It makes sure that you have all the rights to your trademark and that no one else can claim it.
  • Extension of the Ownership rights – Trademark protection from infringement of rights over the trademark can be availed easily. Every time the trademark’s exclusive rights are renewed, they are extended for ten years. This means that the goodwill created by the brand is always protected.
  • Profits: You can make money from your trademark by licensing it to someone else or giving them exclusive rights to it. This means that if you renew, you will keep getting those returns.
  • Keeping the brand’s name and reputation: Getting the trademark of a well-known brand to be renewed on time keeps the brand’s name and reputation. If you don’t get the renewal done, your brand or trademark might no longer be protected by the law.

What documents are needed to renew a trademark in India?

  • The applicant’s PAN card.
  • Proof of the applicant’s address.
  • Registration Certificate (unless it is an individual application).
  • Certificate of Registration of a Trademark from the Registry.
  • Attorney-in-fact (to file the application on your behalf).

Copy of the application filed with the Trademark Registry Procedure for online application of trademark renewal in India with setupfilings.com

  • Filling out forms and sending in documents: Fill out the form to give basic information and send in the necessary documents.
  • Drafting of application. The next step is for the experts at setufilings.com to write the Trademark Renewal Application.
  • Submission: The last step is for someone else to file the application on your behalf and send you a confirmation.

What is the Trademark Renewal Process?

After then, the Registrar must notify the owner of the forthcoming renewal date. If a renewal notification has not been issued, bear in mind that no trademark may be revoked. Together with the application for renewal, the owner must pay the statutory trademark renewal costs. Rejuvenation may be accomplished in two ways:

  • Easy Trademark Renewal
  • Renew your registered brand name with modifications and amendments
  • TM-R application form for trademark renewal
  • The application may also be made by an authorized representative or agent. It is not necessary for the registered owner of the trademark to file it. After the application is granted, the trademark will be published in the Trademark Journal’s official gazette. If the renewal is done physically, the renewal filing fee is 10,000 rupees. And if done online with e-filing, it costs 9,000 rupees.
  • Form-18 is used to apply with the required fees. Before being authorized for renewal, the application is examined for excellence and quality.

Important things to be consider at the time of Trademark Renewal in India

Verify the Status

When submitting a trademark renewal application, it is critical to monitor the renewal application status at frequent intervals until the Registrar processes it. Several time-bound acts or answers are required from the applicant for trademark renewal. As a result, it is important to follow the necessary steps until registration and to monitor the progress of the application on a regular basis.

 The Trademark Journal

The Trademark Journal is an official publication of the Trademark Office (Registrar). If the Trademark Examiner administers and approves the application, the Trademark is published in the Trademark Journal. When the application is being marketed, other parties have the opportunity to object to the registration of the mark.

Trademark Expires

There is still hope, as you may request for a restoration if you do not renew your trademark within 6 months of its expiration date. You may apply for restoration by filling out an application and paying the appropriate price. According to Section 25(4) of the Trademark Act 1999. Nevertheless, this may only be done within one year of the registered trademark’s expiry.

Trademark Restoration in India

It is possible that a person may neglect to renew their trademark within the time frame specified. In such circumstances, there is still an alternative open. If a trademark is not renewed, it might be attempted to be restored. The Trademark Act 1999 provides for trademark restoration under Section 25 (4), which permits anyone to apply for trademark restoration in India.

1. Restoration is only possible within one year of the registered trademark’s expiration. The cost of restoring a trademark is an extra price beyond the renewal amount of:

2. 10,000 rupees if done physically or an additional 9000 rupees if done online.

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