Trademark Renewal: A Perpetual Need of the Business

Trademark Renewal A Perpetual Need of the Business

Trade mark protection in India is permanent and perpetual subject to renewal of the registration after every 10 years. The application for Trademark Renewal can be filed six months before the expiry of the validity period of the trade mark.

The Trademark Renewal India can be done for how many years and as many times, the registered Trademark owner wishes to keep the status active and registered for the same. In case the registered owner fails to apply for the Renewal of Trademark, then it can apply for Restoration of Trademark.

Trademark Registrations can be renewed within six months to twelve months after expire by paying a fee through a procedure known as 'restoration'. The Trademark renewal helps the authorized owner of the registered Trademark to keep the Trademark perpetual and permanent.

Benefits of Trademark Renewal in India

Benefits of Trademark Renewal in India

The advantages of Renewal of Trademark in India are as follows:

Protection Against Trademark Infringement:

The registered owner is authorized to avail protection from the Infringement of Trademark in India. The Renewal of Trademark extends the exclusive rights of the authorized owner over the registered Trademark for a time period of 10 years after each Trademark Renewal in India.

Business Possibility:

The owner of a registered Trademark in India has the exclusive rights for selling, franchising, assigning, and commercially contracting your innovation. Businesses can make huge amounts of royalties through licensing agreements or trademark assignment. Think about brands like Starbucks, McDonald’s.

Basis For Global Trademark Registration:

The trademark registration in India can act as basis of registration in a country outside India with an established reputation there.

Security Of The Brand Name:

The Trademark Renewal India will provide continuous and unhindered protection of the Brand Name from the other competitors in the market. There will be an actual loss of legal protection of the trademark if the time period to file for the application of Renewal has lapsed.

Avoid Frivolous litigation:

The Renewal makes impossible for any other person to claim the rights on the Trademark other than the authorized owner of the Trademark and save the possibility of any kind of frivolous Litigation on the official holders of the Trademark.

Consequences For Non-Renewal Of Trademark In India

Consequences For Non-Renewal Of Trademark In India

The consequences for non-renewal of Trademark in India are severe. In case if the application for Trademark Renewal Online is not filed, or the prescribed fees for the same is not paid, the Registrar is authorized to delete the Trademark from the Register of the Trademarks.

Before the removal of the Trademark from the Register of Trademarks, an advertisement to remove the registered Trademark from the Register of Trademark is required to be done in the Journal of Trademark.

Non-renewal of the registered Trademark not only affects the registered owner of the Trademark but also affects the other person who is either assigned or licensed with the registered Trademark. In case the registered owner fails to apply for the Renewal of Trademark, then it can apply for Restoration of Trademark. Trademark registrations can be renewed within six months to twelve months after expire by paying a fee through a procedure known as 'restoration'

Documents Required for Trademark Renewal in India

Documents Required for Trademark Renewal in India
  • PAN Card of the registered owner;
  • Residential Proof of the registered owner;
  • Power of Attorney by registered owner;
  • The Certificate of Trademark Registration;
  • The application filed by the applicant (Form TM-A) for the Registration of Trademark with the Registry of Trademark.

Procedure For Trademark Renewal In India

Procedure For Trademark Renewal In India

Application for the renewal of trademark can be made in two way

  • Application for the Renewal of Trademark in India without any modification;
  • Application for the Renewal of Trademark in India with a modification in sign or words in the already existing registered Trademark.
  • File form TM-R:

  • An application for the renewal of the registration of a trade mark shall be made on this form and at any time not more than six months before the expiration of the registration of the trade marks.
  • Applicant can file form TM-R physically or electronically.
  • For E-filing, first Applicant need to register on trademark portal(ipindiaonline.gov.in) using user ID and password. Click on new application tab and select form TM-R.
  • Fill all mandatory fields and attached necessary document, then click on SAVE button. After click on submit button, Application is saved as draft. After sign document application would be show in section of Payments menu. Once click on “Make payment” button, Acknowledgement Slip will show with details.
  • Government fees for Form TM-R:

    For Physical filing: Rs.10,000

    For E-filing: Rs.9,000

    (Note: Trademark renewal fee is for each class and for each mark)

Check Status Of Renewal Application:

It is very important to check for the status of the filed application from time to time until the Registrar of Trademark processes it.

Publication of the Trademark in Trademark Journal

The Trademark Journal, an Official Gazette in the Trademarks Registry, regulates the acceptance or denial of applications.

If the Registrar of Trademark, thinks that the application filed is approvable, then advertise the Trademark in the Journal of Trademark at the Registry.

Frequently Asked Questions

Yes, trademark can expire. Trade mark registration in India is subject to renewal of the registration after every 10 years.

Yes, you need to trademark your business name and logo which may prevent others from using your business mark and provide legal protection.

As per Section 18 of the Trade Marks Act, 1999 any person “claiming to be the proprietor” of the trade mark ‘used’ or ‘proposed to be used’ by him may make an application for registration of his trade mark. “Any person” is wide enough to include any individual, company, or association of persons or body of individuals, society, HUF, partnership.

Yes, trademark can be renewed after ten years from the date of trademark registration.

Trademark offers bundle of benefit to producer as well as consumer. It helps consumers recognize and purchase a product or service because its nature and quality, indicated by its unique trade mark and meets their needs.

Application for registration of trademark is made to trademark registry. The main function of the Registry is to register trademarks which qualifies for registration under the Act and Rules. Applicant can file application for trademark registration physically or electronically.

  • Government fees for trademark renewal in India as follow:
  • For Physical filing: Rs. 10,000
  • For E-filing: Rs. 9,000 Documents

Online XBRL is one of the leading Trademark Renewal Service provider. You can connect with us to make it more relevant for your business.