The renewal of trademark is an important part of maintaining your intellectual property rights, allowing your brand or product to be legally protected under the law. In India, trademark is valid for ten years from the date of registration. Once this time expires, you are required to seek trademark renewal online so as to maintain your rights over the trademark. This blog will take you through the online trademark renewal process in India as well as the trademark objection and trademark opposition process. 

What is Trademark Renewal Online? 

Trademark renewal is the process of re-registration of it with the relevant authorities before its specific term expires. In India, the trademark is valid for 10 years from the date of its registration and can be renewed any number of times for the period of 10-years. It is vital for businesses to maintain trademarks renewals in order to secure sole ownership and minimise the chances of third-party infringement. 

Guide to Trademark Renewal Online India— Step-By-Step Process 

Trademark Search: Before going for trademark renewal, you need to ensure that there is no similar or identical mark registered or filed for registration. You can search brand on the website of the Indian Trademark Office. 

Renewal Application: By paying an extra money, you can submit the trademark renewal online application either six months before the trademark expires or six months after its expiration. The registration application can be submitted directly at the Trademark Office or through the website of the Indian Trademark Office. 

Review of the Application: Officers in the Trademark Office will review your renewal application after submission to make sure that all essential information has been furnished. 

Publication in Trademark Journal: After the review of trademark renewal online India application, it will be published in the Trademark Journal. 

Opposition Time: Third parties may oppose the renewal of the trademark during the four months after the date of publication in the Trademark Journal. 

Renewal certificate: The Trademark Office will issue a renewal certificate, there is no opposition or if the opposition is decided in favour of owner of the trademark. 

Trademark Objection Services in India 

During the process of renewal, some objections may be raised. Objections to trademarks can be raised by third parties to the Trademark Registrar. You should get professional advice if someone is opposing or objecting to your trademark. An objection to a trademark in India is filed by an expert who can guide you through the entire process. Trademark objection services in India assist you in preparing and submitting responses to the objections, furnishing essential proof, and advocating your case at the Trademark Office. The trademark renewal process can be complicated, with many potential roadblocks, and an expert with experience in managing trademark objections can lead to a successful outcome. 

The Trademark Opposition Process in India 

Trademark opposition is when a third party challenges the registration or renewal of a trademark. This happens either while registering the trademark, or while renewing the trademark.  

Here is a step wise overview of Trademark Opposition in India: 

Step 1: Filing a Notice of Opposition/Counter-Statement: If you want to oppose a trademark, then you can do it by filing a Notice of Opposition on the prescribed form along with the required fee within four months of trademark advertisement, it is the first step in trademark opposition process in India. This notice is first sent to the Registry for review and if all the requirements are met, then Registry will send this notice to the other party. A counter-statement to the opposition need to be filed within two months. There is no extra time limit to file a counter-statement which means that if the Trademark Applicant fails to file a counter-statement within two months of getting the Notice, then the trademark shall be considered abandoned.  

Step 2: Providing Evidences in support of trademark opposition process in India: The Opponent can provide evidence in support of his opposition in form of an Affidavit within two months. The Opponent need to inform the officers concerned and the other party within the given time. 

Step 3: Providing Evidences in support of Counter- Statement: The Applicant need to file evidences in support of his counter-statement within two months of getting intimation of waiver by the Opponent. You also has an option to waive your right to submit evidence. 

Step 4: Providing Evidence in Reply: The Opponent again has the option to submit additional evidences in support of his trademark opposition process in India within one month of getting waiver or evidence.  

Step 5: Hearing: After three months of the completion of evidences, a hearing is scheduled and the parties are intimated. Registrar has the authority to decide whether the trademark is to be accepted or not after hearing all the parties and taking the evidences into account. 

Conclusion: Every trademark holder can renew their trademark renewal online since the online process has made the renewal process easy. If you follow the process as mentioned above, then you can easily renew your trademark. Moreover, knowing about the opposition and objections to the trademark is very important. In case you face any difficulties it is always advisable to get in touch with a professional for trademark objection services or trademark opposition, like Servicesplus, which is a leading company in providing trademark renewal online services. With the right knowledge and preventative measures in place, you can enjoy the exclusive rights over your trademark.