TRADEMARK RENEWAL

TRADEMARK RENEWAL

Trade mark establishes a differentiation between one entity’s product or services from that of the others.


The validity period of the Trademark is 10 years and the same can be renewed. It should be noted that the renewal application must be filed before the expiry period. The renewal application can be filed at least 1 year or 6 months before the expiry of the date of Trademark Registration.
 

The Trademark department sends a notice 6 months prior to the date of expiry of the Trademark Registration.

If the applicant does not respond to the notice then the department sends a statement indicating that if not renewed then the Trademark will be removed from the Trademark Journal.
 


 

Trade mark establishes a differentiation between one entity’s product or services from that of the others. The entities take trademark registration in order to protect their brand, logo, symbol or word from being copied by the others. Trademark is governed under the Trademark Act, 1999.
 

Benefits of Trademark Renewal

The benefits of renewing the Trademark are as follows:

  • Trademark renewal means continuous and unrestricted protection of the brand name, logo, word, symbol etc.
  • The exclusive rights over the brand name can be continued after the renewal of trademark. 
  • A trademark owner can assign or license the protected trademark to someone else in return of some monetary compensation.
  • No can claim the rights over the brand name if the trademark gets renewed. It remains with the same owner.
     

Documents required for Trademark renewal

  1. Identity proof of the applicant such as PAN Card, Voter Id card, Driving License etc.
  2. Address Proof of the applicant such as electricity bill, mobile bill, water bill etc.
  3. Copy of Certificate of Registration in case the applicant is Company, LLP, Partnership Firm etc.
  4. Copy of Trademark Certificate issued by the registrar.
  5. Certified copy of Power of Attorney, authorizing the agent to file the renewal application on your behalf to the registrar.
  6. Copy of Form TM-A, the Trademark application form filed with the registrar is to be provided.
     

Procedure of Trademark Renewal

The step by step procedure of Trademark Renewal is given below:

  • In Form TM-R, a renewal application has to be made. The requisite documents must also be submitted with the application.
  • Either the Trademark owner or the agent authorized by him can file the trademark renewal application.
  • After receiving the application and proper scrutiny of application form, the registrar will approve the application.
  • Now again, the trademark will have the protection for over 10 years.
     

It is important for the applicant to check the status of the renewal application by visiting the website of the Trademark. 
 

Note:

A renewal application can be filed after the expiry of the date of trademark registration. The applicant can apply for restoration of the trademark as per section 25(4) of the Trademark Act, 1999 by paying the prescribed fees. Restoration can be done within one year of the expiration of the trademark.
 

Fees for Renewal

a.  In case of online filing
  • Application form for renewal of a registered trademark to be used by the registered proprietor under section 25 (3), 25 (4) for each class – Rs. 9000/- plus renewal fees.
     
  • Application for renewal with a surcharge of registration of a Trademark under section 25 (3) for each class – Rs. 4500 plus renewal fees
     
b.  In case of offline filing
  • Application form for renewal of a registered trademark to be used by the registered proprietor under section 25 (3), 25 (4) for each class – Rs. 10,000/- plus renewal fees.
     
  • Application for renewal with a surcharge of registration of a Trademark under section 25 (3) for each class – Rs. 5000 plus renewal fees

     

FREQUENTLY ASKED QUESTION'S (FAQ’s)
 

When to file the Trademark renewal application?

The renewal application can be filed at least 1 year or 6 months before the expiry of the date of Trademark Registration.
 

Which Act governs the Trademark Registration?

Trademark Act, 1999 governs the Trademark registration.
 

What are the consequences if one fails to renew the Trademark registration?

In the case one fails to renew; the trademark would be removed from the register and someone else can claim it and get it registered to their name.
 

What are the benefits of Trademark Renewal?

The benefits of renewing the Trademark are as follows:

  • Trademark renewal means continuous and unrestricted protection of the brand name, logo, word, symbol etc.
  • The exclusive rights over the brand name can be continued after the renewal of trademark. 
  • A trademark owner can assign or license the protected trademark to someone else in return of some monetary compensation.
  • No can claim the rights over the brand name if the trademark gets renewed. It remains with the same owner.
     
What are the documents required for Trademark renewal?

The documents required for trademark renewal are as follows:

  • Identity proof of the applicant such as PAN Card, Voter Id card, Driving License etc.
  • Address Proof of the applicant such as electricity bill, mobile bill, water bill etc.
  • Copy of Certificate of Registration in case the applicant is Company, LLP, Partnership Firm etc.
  • Copy of Trademark Certificate issued by the registrar.
  • Certified copy of Power of Attorney, authorizing the agent to file the renewal application on your behalf to the registrar.
  • Copy of Form TM-A, the Trademark application form filed with the registrar is to be provided.
     
What is the procedure of Trademark Renewal?

The step by step procedure of Trademark Renewal is given below:

  • In Form TM-R, a renewal application has to be made. The requisite documents must also be submitted with the application.
     
  • Either the Trademark owner or the agent authorized by him can file the trademark renewal application.
     
  • After receiving the application and proper scrutiny of application form, the registrar will approve the application.
     
  • Now again, the trademark will have the protection for over 10 years.
     
What are the prescribed fees for filing the application of renewal of trademark?
 

a.  In case of online filing

  • Application form for renewal of a registered trademark to be used by the registered proprietor under section 25 for each class – Rs. 9000/- as renewal fees.
     
  • Application for renewal with a surcharge of registration of a Trademark under section 25 (3) for each class – Rs. 4500 plus renewal fees;
     
  • Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class – Rs. 9,000 plus renewal fees.
     

b.  In case of offline filing

  • Application form for renewal of a registered trademark to be used by the registered proprietor under section 25  for each class – Rs. 10,000/- as renewal fees.
     
  • Application for renewal with a surcharge of registration of a Trademark under section 25 (3) for each class – Rs. 5000 plus renewal fees;
     
  • Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class – Rs. 10,000 plus renewal fees.
     
Conclusion

It is advisable that one should renew their trademark before the expiry of the date of trademark registration in order to enjoy the continuous and unrestricted exclusive right over the brand name.
 

Edited by Minu Mishra