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Trademark renewal allows the owner of the trademark to retain all the legal rights and commercial benefits derived from that trademark for an extended period. After registration of a trademark, it is provided legal protection for 10 years. Throughout these ten years, the brand/logo is protected from any unauthorized imitation of the mark and plays an important role in enhancing the reputation of the brand in the market.
With the option of renewal, this protection can also be extended for another ten years and the trademark can be renewed regularly for as long as the owner wants. Renewal timelines under the Trade Marks Act are, in the first instance, governed by sections 25(3) and (4). Taken together, these provisions allow for renewal before the 10-year renewal date or within 6 months of the 10-year date by paying a renewal fee after initial notification to the Registrar. By paying the renewal fee and surcharge, or after 6 months but within 12 months from the 10-year date, by paying the renewal fee and surcharge.
A registered trademark is only valid for 10 years, after which it must be renewed. The Registrar of Trademarks will send you a reminder 6 months before the expiry of the trademark. When you want to renew a trademark, you have two options;
1. Renew the trademark as it is
2. Renew the trademark with changes and modifications
Application for renewal of registration of a trademark shall be made in this form and not more than six months before my last registration expired trademark
This is a procedure of trademark renewal online India.
Application for renewal of a trademark shall be made under Form TM-R with a prescribed fee of INR 9000 per class at any time within one 1 year before the expiry of the registration of the mark. Failure to submit the required fee along with Form TM-R may result in the removal of the trademark from the register.
There are many benefits to renewing a trademark. Registration of a trademark provides the owner of the trademark with several rights protected by law.
The trademark registration process in India is very simplified. Entrepreneurs can now easily get trademark registration for their brands within months.
During the trademark application process, original documents are not required to be submitted. A scanned copy of the original document is sufficient for the requirement of renewal of trademark.
Any person – Indian national or foreign national can easily register a trademark in India. Registration of a trademark does not require the creation of a legal entity or business entity. Further, the documents required to register a trademark in the owner's name are as follows for a person,
Trademark registration fee varies from Rs.4500 to Rs.9500. For Small Enterprises, Startups, Proprietorship, and Individuals, Rs. A low trademark fee of 4500 is applicable. For all other components, the applicable trademark government fee is Rs. 9500 is To be classified as a small enterprise; the applicant needs to provide Udyog Aadhaar Registration Certificate. Further, apart from Udyog Aadhaar registration, the following details will be required.
In the case of a partnership firm or LLP, the entrepreneur would have to submit the following,
All other applicants including companies without Udyog Aadhaar registration will have to submit the following documents to obtain trademark registration in India.
You can check the trademark renewal status on the portal.
The following are the advantages that will get from the renewal of the trademark;
You can easily establish your rights in court if you believe someone has infringed on your registered trademark. In industries where trademark infringement is rampant, trademark registration is critical.
Should your brand succeed, a trademark is an intangible asset that has the potential to be very valuable. Think of brands like Tide, Nike, or McDonald's. Businesses can earn substantial royalties through licensing agreements or by selling ownership to interested parties.
You want clients to associate your brand with the goods or services you offer. Registering your trademark will give you the necessary exclusivity. Registration of any similar phrases or catch phrases shall be prohibited by law.
One of the emerging areas in intellectual property rights is a trademark. The tendency of a sign or word associated with a business to be distinguished from other undertakings defines the role of a trademark. Trademark registration ensures that the owner's brand is protected from all serious harm. Hence, it is advisable to renew and restore the trademark as and when required.
|Basis||Trademark Assignment||Trademark Renewal|
|Definition||Trademark assignment means the transfer of rights, interests, titles and benefits from owner to another person.||Trademark Renewal is to renew the registration before the expiry by the applicant.|
|Procedure||An application in Form TM-24 with details of the transfer is submitted to the registrar. The registrar will specify the advertisement. An applicant must submit a copy of advertisement with all the required documents||An application is filed in TM-12 and checks the status and advertisement of the trademark Journal.|
|Documents Required||The documents needed like the power of authority from the assignor to the assignee, trademark assignment agreement, no objection certificate executed by the assignor, goodwill certificate given by the assignor and acceptance of trademark rights provided by the assignee.||The documents like PAN card, address proof, power of attorney, certificate of registration and an application filed by the applicant for registration of a trademark with the trademark registry.|
|Types||There are four types of assignments; Complete assignment, Partial assignment, assignment with the goodwill of business and assignment without the goodwill of the business.||The renewal can be before expiry filed in Form TM-12 within the last six months of expiry and after expiry filed in Form TM-10 after ten years through online or offline mode.|
|Benefits||It provides benefits to the owner to increase in value of the brand, expand their businesses, etc.||It gives the benefits of protection from litigation, security of brand name, an extension of ownership rights, etc.|
|Fees||A trademark assignment is submitted with nine thousand rupees for e-filing and ten thousand for physical filing.||Trademark renewal is submitted with nine thousand rupees for e-filing and ten thousand for physical filing.|
In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.
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