Trademark Renewal Online in India 100% Easy Online Process & Pan India Service
The trademarks are the most valuable Assets for any business that can be owned for the indefinite time , if the Renewal of Trademark is done on time. The validity of trademark registration is ten years from the date of making the application, that can be renewed for 10 Years for any number of times. For Trademark Renewal, Consult with our Trademark Attorney.
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Trademark Renewal Online: Overview
Trademarks are marks that are graphically represented which help people identify the company or person who produced the goods or services. These marks can be registered under the Trademark Act, 1999 with the Trademark registry offices.
There are five such trademark registry offices in India, Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. If a trademark is registered the holder of the trademark gets special rights to its usage and is protected by law from the infringement of such rights by others. Registered trademarks have a limitation period of ten years. If the trademark is not being used for a period of five years then it may be cancelled at the request of another party.
The holder of a trademark is at the liberty to renew the trademark indefinitely every ten years. The Registrar gives a window of six months before the end of ten years to the holder of the trademark to renew their trademark and continue enjoying the rights awarded. In the case of a person failing to renew a trademark, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark.
After the period of the ten years if the trademark is not renewed the person still has the option of restoration, which means renewal itself but with a fine.
Why Trademark Renewal is Important?
There are many advantages to renewing a trademark. Registration of the trademark awards the holder of the trademark many rights that are protected by law. It prevents the infringement of the trademark and also provide for restitution in case of such infringements.
It also allows the holder the right to transfer the trademark to another person or company at their will. Licensing of trademarks are only possible if the holder of the trademark is has registered the trademark, therefore a registered trademark holds immense monetary value.
Documentation & Timeline for Online Renewal of Trademark in India
- 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 validity of Trademark
The registration of the Trademark is valid for ten years from the date of making the first application, and the same can be renewed for any times for a term of another ten years.
Timeline to Renew The Trademark
The renewal application in TM-R with the standard trademark renewal fee in India of Rs 10,000/- can be filed starting one year before the expiry and until the registration has not expired. Once the trademark registration gets expired, you get another six months of grace period to renew the trademark registration with an additional fee of Rs 5000/-
Pricing for Trademark Renewal Online
|Government Fee (Form TM-R)||₹ 9,000/-|
Total Renewal Fee
Package Does Not Include:
1. Trademark Attorney Change Fee
2. Late Fee of Renewal
3. Trademark Restoration Charges
4. Please seek personalised quote if ™ Expired.
How to Renew Trademark?
A registered trademark is only valid for 10 years, after which it needs to be renewed. The registrar of trademarks will send you a letter of reminder of the expiry of the trademark 6 months prior to its expiry. When you are going to renew a trademark you have two options:
- Renew the trademark as it is
- Renew the trademark with changes and alterations
- The application for the renewal of a trademark is the form TM-R.
- The application does not need to be filed by the registered owner of the trademark, it can be done by an authorised representative or an agent.
After filing the application one has to follow the status of the application in case any opposition is filed to the registration of the trademark. Such opposition can be filed by any person of the public.
- When the application is approved the trademark will be published in the official gazette the Trademark Journal.
- If the trademark has been published then the owner of the trademark has protection for another ten years.
- The trademark can be indefinitely renewed.
The price for the renewal of a trademark depends upon whether it has been one in-person physically or it has been done online.
- If done physically the filing for the renewal costs 10,000 rupees
- If done online via e-filing it costs 9,000 rupees
Restoration of Trademark
There can be times that a person forgets to renew their trademark in the given time period. No worries there is still an option available in such cases. In the case of failure to renew one can then try to restore a trademark. Restoration of a trademark is allowed by the Trademark Act, 1999 under Section25 (4) where it allows persons to apply for the restoration of the trademark.
Restoration can only be done within one year of the expiry of the registered trademark. Restoration of a trademark includes an additional fee over the renewal fee of:
- 10,000 rupees if done by a person physically,
- or an additional 9000 rupees if done online
Trademark Renewal FAQ's
The application for trademark renewal needs to have these documents attached a copy of the registration certificate, power of attorney, ID and address proof of the applicant, and a copy of the TM 1 form.
The trademark registration is an asset for the company under this a word or visual symbol is used by a business to help them distinguish the goods and services from that other similar goods and services. Thus, renewing a trademark is always beneficial.
A trademark renewal application should be made six months before the expiry of the registration. An application is to be made with the payment of fees.
A trademark can be restored after the expiry within 6 months to keep using it. An application is to be made for the same.
Trademark registration is valid for 10 years, the process 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. A long as the trademark is valid the trademark holder can enjoy all the rights that he or she has acquired while registering.