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.
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 theonline 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.
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 thetrademark 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.
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What is the ideal time to file for a trademark renewal in India?
It is suggested in India that a trademark renewal request is filed alongside the compulsory payment of fees at least six months prior to the expiration of a trademarkβs registration.
Is there a possibility of renewing an expired trademark?
A trademark registration that has expired may be reinstated not later than six months after its expiry so long as the trademark is still capable of being used βin good faithβ by the parties. A request for reinstatement has to be filed.
In India, a trademark registration is remains effective for how many years?
In India, a trademark registration is effective for 10 years from the date of application receipt and post that, there is a re-registration procedure that has to be followed.
What are the consequences of failing to renew a trademark?
Failing to renew a trademark in due time will lead to its deletion from the trademark register. Thereafter, such a trademark may be claimed by another party and registered in their name.
Will the owners of the trademark have any additional rights after the trademark is renewed?
A trademark renewal does not change the rights of the trademark holder. The owner continues to hold all the rights conferred to the trademark during initial registration, as long as the mark is validly registered.