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Trademark Renewal

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Trademark Renewal

 

How to renew a Trademark in India?

Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. This trademark can be registered and the registration will be valid for 10 years. A registered trademark owner can apply to renew the mark before the expiry of its validity. This renewal will help the owner in extending the ownership over the trademark for another 10 years.

The trademark owner can apply to renew the trademark, 6 months before the expiry of the trademark by remitting the prescribed fee and can also apply after 6 months from the expiry of the mark on the payment of a late fee.

eStartIndia comprises of best professionals who will assist you in the renewal of your trademark. Seeking professional help is important as the expert hands can draft your application in a way to widen the scope of your trademark ownership rights under different classes. Moreover in the process of trademarking and its renewal, keeping a track on the developments with Trademark Registry is important and that will be handled with ease by our agents and therefore reduces the burden of the clients. 

We offer assistance to various services like trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification.

eStartIndia will help you with all Trademark renewal and other connected services from the comfort of your home by offering you services that are specialized and tailored as per your requirement.

Get a free Consultation for Trademark renewal with Our Top Rated Experts with a simple registration.

 

WHY IS IT IMPORTANT TO RENEW A TRADEMARK

  • The extended benefit of ownership rights.

  • The existence of a registered trademark acts as an intellectual property which is an asset. Therefore ensuring its validation for an extended period is important.

  • When the trademark is registered for a longer period it acts as goodwill.
  • Non-renewal of the mark will result in its abandonment.

 

WHO CAN APPLY FOR RENEWAL?

The owner of the registered trademark on his authorized agent can apply for the renewal of the Trademark.

 

DOCUMENTS REQUIRED

  1. COPY OF REGISTRATION CERTIFICATE.
  2. IDENTITY PROOF OF THE OWNER OR HIS AGENT ( Passport, Driver’s license, Aadhaar card, voters ID or ration card)
  3. POWER OF ATTORNEY.
  4. COPY OF FORM ‘TM-R’.
  5. In case of agent applying for renewal AFFIDAVIT by owner authorizing the agent to apply must be produced.

 

KEY POINTS TO BE NOTED

  • The procedure for renewal can be done 6 months prior to the expiry of the validity, and the owner must begin the procedures as early as possible as the entire procedure for renewal takes time.
  • 10 years of trademark usage brings in the chance of widening the scope of the mark to be represented in various other classes. Therefore a professional can help you understand such widened scope.
  • The owner can apply for renewal either before 6 months of expiry or 6 months after expiry. Non-performance of renewal within this period will result in abandonment of the mark. But the owner can then apply for restoration of the mark within one year from the date of expiry.

Registration Process

  • PROCEDURE FOR RENEWAL OF TRADEMARK.

    1. The registrar will notify the owner regarding the expiry of the validation.

    2. Once a notice is received the owner can apply before the registrar for the renewal of trademark with the required fee and other document but within 6 months before the expiry of the validity of the mark.
    3. If the application for renewal is made after 6 months from the expiry of the mark, then the applicant must remit late fee along with the documents required.
    4. Non-renewal of the mark within the time will lead to the abandonment of mark. But an application for restoration of Trademark can be made within one year from the date of expiry.
    5. After the scrutiny, the registrar will issue a Certificate of Renewal to the applicant.

     

    Click here to read more about “Trademark Opposition”

Step 1

RECEIVING OBJECTION NOTICE:

The trademark registry officials send examinations report after reviewing the application for objections. If you have applied for the Trademark Registration through eStartIndia then our agents will keep a continuous track on the status and inform you.

Step 2

DRAFTING REPLY:

Considering the reason for objection a reply has to be drafted in such a manner to defend the concerns of the examiner.

Step 3

FILING REPLY:

The drafted reply must be filed before the registrar within one month from the date of the notice of objection. A time-barred filing of reply will result in the abandonment of the application.

Step 4

HEARING:

After the reply is filed, the registrar may either accept the application directly when the reply itself was satisfactory or else the registrar may conduct a hearing to give a chance for the applicant to address the issues.

Step 5

APPEAL:

If the registrar rejects the application even after the hearing process, then the applicant is eligible to file an appeal before the Intellectual Property Appellate Board.

FAQs

There is no maximum time limit. One can renew their trademark as many times as they wish to.

 

Form TM R under Trademark Rules 2017 has to be submitted along with other documents for trademark registration.

 

No, the allowing of renewal is under the discretion of the registrar. After scrutiny, the registrar decides whether to allow renewal or not. But generally, the registrar accepts the renewal.

 

A renewing trademark allows extended usage of trademark ownership, improves goodwill and remains as an asset to the owner.

 

Copy of registration, identity card, power of attorney, affidavit if required and form TM R has to be submitted along with the fee payment.

 

Registration of the trademark in the initial process of getting the mark entered in the trademark registry which has a validity of 10 years. The renewal is the process of getting this registration renewed before the expiry of validation. The non-renewal of the mark before expiry will lead to the removal of the mark from the trademark registry.

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