Overview
A trademark helps a business differentiate its goods or services from similar goods or services in the market. A trademark is registered under the Trade Marks Act, 1999. The trademark cannot be valid if it is non-distinct and contains any government symbols. The trademark in India is valid for a period of 10 years as per section 25 in the Trade Marks Act, 1999, one can renew trademark registration after its expiration. Government of India notified new Trademark Rules, 2017, on 6th March 2017 to simplify the registration process, like smooth application process, benchmarks for trademark applications, and promote e-filing.
What is online renewal of trademark?
In India, a trademark registration is legal only for ten years. To get legal protection for your business after stipulated time limit beyond, you need to renew your trademark. It requires submitting a renewal application form (TM-R) and the prescribed fee to the Trademark Registry office before expiry of your trademark. Online renewal of trademark extends its validity for the next ten years, it will allow you to continue enjoy exclusive rights over your brand name, logo, or slogan. It is noteworthy to start the trademark registration renewal process before expiry of the above mentioned time to avoid any prospective complications.
Benefits Of Online Renewal Of Trademark
Legal Protection: If you have any information that someone is using your registered trademark without your permission, then you can directly go to the court for your rights.
Create Your Identity: The first benefit of it is your customers can identify your services or products easily with your registered trademark. The law will further prohibit the online renewal of trademark registration of any other identical trademarks for products or services in the market.
Open business opportunities: Having a trademark can be a very useful intangible asset in expanding your business. You can make good amounts of money in royalties via different licencing agreements, transfer of ownership to any other business.
Expanded Ownership Rights: After online renewal of trademark, you may get profit from infringements on your ownership rights. It provides positive reputation and existing brand protection to your business.
Lowers Chances of Legal Cases: If you go by the guidelines and renew your trademark on time, you will get continuous trademark protection. The renewal of trademark in India provides it hardly for other person, except the trademark owner.
Documents Required For Online Renewal Of Trademark
Copy of the Registration certificate of an existing registered trademark of the company.
You must ensure that there are no identical trademarks by doing a Trademark Search from the well-known and authorised database of trademark.
Address proof and photo ID of the applicant along with a power of attorney is also required for trademark renewal online.
Copy of Form TM-A, it is the application for trademark registration
A copy of the Conflicted Trademark Proof, if applicable
Draft a renewal application, and adhere to the essential requirements.
Procedure for Trademark Registration Renewal In India
Step-wise renewal process for Trademark Registration
Trademark Search: Before starting trademark renewal process, make sure that there is no similar or identical mark exist in the market. You can enquire it on the website of the Indian Trademark Office.
Renewal Application: By paying an extra charge, the renew trademark registration application can be filed either six months before the trademark expires or after expiration of six months. It can be directly submitted at the Trademark Office or online through the website of the Indian Trademark Office.
Application Review: After submission, Trademark Officers will review your renewal application.
Publication in Trademark Journal: Trademark will be promoted in the Trademark Journal after the review of the trademark renewal online.
Opposition Time: Any third party can make objections on the extension of the trademark during the four months after the date of publishing in the Trademark Journal
Renewal certificate: Trademark Office will issue a renewal certificate to you, if there is no objection by any third party or the opposition is resolved in the favour of trademark owner.
Fees Payment: You need to pay a fees in order to complete the renew trademark registration process, which is the final stage. It can be directly submitted at the Trademark Office or online on the website of the Indian Trademark Office.
Trademark Renewal Filing Online Due Date
You need to file the application for Trademark Renewal before its expiry.
You should file the trademark renewal application one year prior to the expiry time.
Although, the exact due date is on or within six months prior to the date of expiry of certificate.
In case the registration of the trademark has expired, it can be renewed within six months after its expiry by paying an additional fee in government office of trademark registration renewal in India.
If you are not able to renew the trademark application before the stipulated time, then the trademark registration will get cancelled.
A trademark can be restored even after cancellation if an application is filed within six months of cancellation date.
Proprietorship Registration
