Trademark Renewal Registration, Fee, Period & Process in India

Trademark Renewal Registration, Fee, Period & Process in India

A company uses a trademark to differentiate itself from rival companies that provide similar goods or services. 

Trademark emblems, logos, labels, and names are denoted by the letter "R". Trademark registration is permitted under the Trade Marks Act of 1999. 

Registering a trademark that is judged derogatory, non-distinctive, or contains official symbols is impossible.

According to section 25 of the Trade Marks Act of 1999, trademark renewal in India has a 10-year life span. 

The Government of India (GOI) announced the new Trade Mark Rules, 2017, on March 6 to speed up the application process, establish standards for filing trademark applications, encourage e-filing, and make the registration process easier.

With the right paperwork and fulfilment of the requirements, the registered trademark may be extended for another 10 years. 

In this article, let's take a closer look at the processes for renewing and restoring trademarks.

What period Is There for Trademark Renewal?

Trademark renewal in India is for a maximum of ten years, according to the Trademark Act of 1999. 

A trademark may be renewed for an additional 10 years upon the first registration period expiration.

Petitions for trademark renewal must be submitted six months before the trademark expires. 

The registrar of trademarks will send you a notice by mail when your trademark registration expires. The Trademark renewal period in India is also 10 years.

Information such as the renewal deadline and associated costs will be included in the communication. 

If the registration or renewal is not completed within the allotted time, the registrar will delete the trademark from the trademark journal, which is the official trademark registry.

Duration of a trademark renewal

  • Rules 57 and 58 of the 2017 Trade Mark Rules state that the renewal may be filed within a year before the expiration date.
  • Per rules 63 and 64 of the Trade Mark Rules of 2002, the renewal may be filed up to six months before the expiration date.
  • The renewal may also be submitted within six months of the expiration date.

The Register of Trademarks will remove a trademark if it is not renewed within six months of its expiration date.

Where Can a Trademark Be Registered in India?

Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad are the five locations of India's trademark registry departments. 

A trademark owner will be granted personal freedom to use their trademark if it is registered. By being protected, the trademark is safe against imitation by others.

Trademark protection under registration is good for ten years; thereafter, renewal is required. 

It is possible to stop a trademark by submitting a petition if it has not been used for more than five years.

What Documentation Is Necessary for Trademark Renewal?

The documentation required for the renewal of trademark registration is mentioned below.

  • An enrolment affidavit document
  • TM-R form completed.
  • The applicant's evidence of identity and address.
  • Certificate of trademark registration.
  • A power of attorney is needed if the applicant is a dealer or an authorised agent.

Renewal of a Trademark: Process

All registered trademarks are required by law to be renewed after ten years. 

The trademark registrar will mail the official address a notice that the trademark is about to expire six months before the expiration date. Using the procedure outlined below, you may renew your trademark.

  • To begin, use the TM-R form to submit a petition for the renewal of a trademark.
  • A licensed dealer may also file the petition.
  • An affidavit and the TM-18 form are submitted.
  • You must pay Rs.10,000 in trademark renewal fees if you intend to file the petition.
  • There are Rs.9,000 in e-filing fees if it is done online.
  • Errors in the application will be examined.
  • The trademark registration will offer a renewal certificate in the trademark owner's name if it is error-free.
  • It will be published in the trademark journal following renewal.

Methods for Trademark Renewal Online

The official website of intellectual property India is where you should go for trademark renewal online. You can save Rs.1000 by following this procedure.

  • On the dashboard, select "New application tab" and "TM-R." You can now select any of the requests for application forms.
  • Once you have entered all the necessary information, click the "Save" button.
  • In the respective fields, enter the required data.
  • You can upload documents by selecting the "Uploads" icon and then the "Proceed" button.
  • The "Application with form number XXXX has been drafted" pop-up will now show on the screen. The "Submit" button should be clicked.
  • In the 'Payments' area, the request will now be visible.
  • Make a payment by clicking the "Payment" icon on the dashboard's left side and then selecting it.
  • Once you have chosen your form, go to the bottom of the page and select "Make payment."
  • An acknowledgement slip will be shown upon payment completion.
  • Then click on the "Payment History" link under the "Payment menu" and then "Receipt."
  • Downloading the receipt is now possible.

Use the above instructions without making any mistakes. Errors prevent the process from being finished.

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Conclusion

A trademark builds a brand and boosts an entity's worth. It is a resource for the entity as a result. 

Every asset has a specific life, and trademarks are no different. It's been good for ten years. 

A renewal request must be submitted before the expiration date for use to continue. 

It may be renewed by paying the required application costs within the specified time frame, as was discussed before. 

But the Trademark Registry will impose more late filing fees if the trademark renewal application is submitted after the expiration date. Online trademark renewal is another option.

FAQs

How much time does a trademark renewal require?

Every ten years, a trademark owner has the option to extend it. The Registrar provides the trademark holder with a window of six months before the expiration of ten years so they can renew their trademark and keep using the rights granted.

What does it cost in India to renew a trademark?

The official fee for trademark renewal in India is INR 9000 for filing an application for renewal in a single class. Also, regarding the trademark renewal price, there is an official filing fee of INR 4500/- for trademark renewal with a surcharge.

What's the maximum number of renewals for a trademark?

The Trademark renewal period is valid for ten years and may be renewed once every ten years. If the rival does not renew the trademark, the protection provided by the trademark expires.

What is a renewal of intellectual property?

In India, renewing intellectual property rights is common to keep them in effect. A proprietor's IPR is only good for the period specified when it is granted. IPR expiration results in a cessation of the associated rights, which further indicates a stoppage of IPR from any form of legal protection.

Contact Us for Trademark Registration Online, Service Tax Registration,  GST Registration OnlineAccounting Service For Startups , ESOP Services  in Delhi, Noida, Gurgaon, and all across India: write to us at accounts@especia.co.in. Or Call On :(+91)-9711021268 +91-9310165114

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