Renewal and Compliances are essential procedure to extend validity period of some major registrations, such as, copyright, trademark, etc. This procedure is useful to ensure the exclusive ownership right and protection from any kind of misuse. Also, this is a timely notification given to the concerned Department where the updates are maintained. Avail our Renewal and Compliances Packages to let us work for you to provide guaranteed and risk free result. Go through its details and know how it works THE BEST.
What is Trademark Renewal ?
Registered Trademark is the legal identity of a business unit to be utilized in its market. A Registered Trademark has 10 years validity to remain active. Within its validity time, a registered trademark remains under sole ownership of the business unit/professional. Any illegal use of a Registered Trademark without the permit of its owner is punishable.
Every business should positively renew the Trademark to keep using it under legal provisions. Trademark Renewal should follow these conditions:
- Trademark owner is given a window of 6 months before the expiry of 10 years to renew the Trademark. Trademark is owner is sent a Reminder of Expiry during the 6 months’ warning time.
- One Trademark can be renewed after every 10 years as many times as possible.
- In case, a Trademark is not renewed after the expiry of 10 years, it is considered to be invalid. Accordingly, advertisement is published in Official Journal about its removal.
- Option is allowed to submit a changed Trademark when it is renewed.
Types of Trademark Renewals
A Trademark owner can submit the Trademark Renewal in these ways:
- Trademark Renewal with NO change
- Trademark Renewal with changes and modifications
- Restoration of Trademark, applicable under Section 25(4) of Trademark Act, 1999, when the Applicant fails to submit Trademark Renewal Application in the allotted 6 months’ time period. Application for Restoration can be done within 1 year of the Trademark’s expiry with Government Processing Fee.
Trademark Renewal Procedure
- Application Filing: Applicant/An authorized representative files Renewal Application in the format of Form TM-R. Government Processing Fee is applicable here.
- Check Status: Renewal Application Status should be checked to get correct update. In this process, anyone can file Trademark Opposition against the Trademark submitted for renewal based on permitted reason. In that case, the Registrar sorts the matter based on validity of justification presented by either parties.
- Approval: Once the Renewal is approved, it is published in Official Journal. Else, the Renewal Application is rejected.
Documents Required for Trademark Renewal
- Copy of Registration Certificate
- Copy of Form TM-A (Application Form filled for Trademark Renewal)
- Applicant’s ID and Contact proofs, such as, Aadhaar, PAN, etc.
- Power of Attorney, in case, the concerned person is representing the business unit
Benefits of Trademark Renewal
- Secures the legal right of Trademark’s ownership and prevents the scope of any other party to use it.
- Legal approval of extended use of same Trademark for the business.
- Maintaining the Brand Value over consistent period of time.
- Right to assign or license the Registered Renewed Trademark to any other party in against of an agreed monetary amount.
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