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Trademark Renewal Online in India
Trademark is a registration which is taken by the business for distinguishing the goods or services which are catered or sold by them from the one’s sold by the rival or competitors in the market or the same industry. But it should be ensured that these trademarks are free of:
- Offensive elements
- Not different from other trademark registration in India taken already
- Is having government logos or emblems in the same.
If any of the above is contained, then the registration application for the trademark will be rejected. The registered trademark will be holding the validity for only 10 years and will have to be renewed prior to that. The renewal gate shall be open 6 months prior to the effective date of expiry.
A product or service that has been marketed under a brand registration trademark aids in building up trust, quality, reliability, and goodwill in the customer’s mind. It provides you with a unique identity compared with other sellers particularly when you trade it on online platforms like Flipkart, Amazon, and so on.
On the failure of the trademark registration holder to renew such registration, the trademark will be removed from the register of trademarks or the Trademarks Journal after the expiry of 12 months from the date of expiry. The registrar shall also send a notice remarking the expiry of the trademark prior to the date of expiry. And the renewal can also be done within a period of 6 to 12 months after the date of expiry by payment of the fine.
Documents for Renewal of Trademark
- The trademark Registration Certificate copy
- Power of Attorney for evidencing the representing of the applicant
- The proof of address and identity of the applicant
- Trademark Registration Application Form copy.
Trademark Renewal – Checklist
- The trademark should be held in the name of the entity or the business owner as of the case maybe.
- It should be nearing the date of expiry.
- There should not be any conflict existing and if so, an expert opinion should be sorted by the applicant for the same.
- An application for the renewal of a trademark in India should be prepared after complying with the required points.
Procedure for Trademark Renewal in India
The trademark renewal in India can be either a change to be made to the logo or emblem of the trademark registration or it can be made without any change made to the trademark.
The procedure for renewal of trademark would include the following:
- 1. The application for renewal of the trademark should be done in Form TM-R.
- 2. The application for renewal should be made either by the applicant or the holder of the trademark or an authorized representative entity assigned by the applicant.
- 3. The renewal made shall be valid for the next 10 years and the application status should be constantly verified by the applicant so as to ensure that the registrar has processed and proceeded the same.
- 4. The official gazette namely the trademark journal belonging to the trademark registry governing the acceptance or rejection of the trademark would advertise the accepted trademark.
- 5. The fees for renewal shall depend on the type of filing: – Online filing
INR 9,000/- – Physical filing
INR 10,000/-.
Trademark Restoration
Often, we can see arising of circumstances where business owners or the management fails to renew the trademark on time or the date of expiry. In such cases, the trademark holder can restore the same pertaining to section 25(4) of the Trademark Act, 19999. But it should be done within a maximum of 12 months from the date of expiry along with the payment of fines with the prescribed fees.
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Frequently Asked Questions
This helps the entity gain an asset in the form of the logo or the emblem connected with their name distinguishing their products and services from that of the rival companies. And for ensuring this is available to them, the renewal of the trademark should have complied with every 10 years of existence.
The entity or the trademark holder can apply for renewal at least 6 months before the date of expiry. Say the expiry of the trademark registration is 31 st of December 2021, then the entity can apply for the same from 1 st of July 2021.
Yes, it can be restored within a maximum of 12 months from the date of expiry. Say the expiry of the trademark registration is 31 st of December 2021, and then the restoration window shall be valid up to 31 st December 2022.
