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Form for Renewal Request

Our legal experts will commence working on your case and gather the required documents. Additionally, a Form-10 or Form-12, and renewal fees need to be presented to the registrar.

Acknowledgement

We will keep you updated on the development of your petition, and you will be notified about the successful extension of your trademark for another decade, usually within four to five months.

Renewing trademark holder

Renewing a trademark is crucial as it provides numerous advantages to the trademark holder. Once registered, the holder is entitled to several legal rights that protect against infringement and offer compensation if such a situation arises. Moreover, the trademark owner has the liberty to transfer the trademark to another individual or business at any given time. The financial value of a registered trademark is immense as only a registered mark can be licensed.

Concept of trademark renewal

The validity of trademark registrations extends for duration of 10 years and can be indefinitely renewed. The process of renewal must be initiated six months before the expiration date. In the event that this renewal is overlooked, a reminder will be sent to the registered address prior to the expiration date, as is often the case even for large organizations.

If you fail to submit a renewal application, the registrar has the option to publish a notification in the Trade Marks Journal indicating their intention to revoke the trademark. It is important to note that this action is typically taken within one year of the expiration date.

To renew a trademark registration in India, individuals have the option to complete the process online. This can be done within a period of six to twelve months after the expiration date by submitting a fee through a specific procedure referred to as 'restoration'. For the best service in trademark renewal, Taxapillar is the preferred provider.

 How Long Does It Take to Renew Your Trademark online?

Based on the 2017 Trade Mark Rules, rules 57 and 58 outline the following guidelines:

Ø  The application for renewal can be submitted up to one year prior to the expiration date.

Ø  According to the Registered Trademark Rules of 2002, the extension must be filed within six months after the expiration date, as stated in rules 63 and 64.

Ø  Furthermore, it is possible to submit a request for renewal within a period of six months after the original expiration date has passed.

Ø  If a trademark is not renewed within six months after its expiration date, it will be removed from the Register of Trademarks.

What are the essential requirements to Renew Your Trademark?

Ø  The previous owner had a registered trademark that needed to be renewed.

Ø  To decide if someone can use something for business, we need to look at why they want to use it.

Ø  Make sure to thoroughly research the well-known and authorized trademark database to make sure there are no similar trademarks.

Ø  If there is a problem with trademarks, it's a good idea to get advice from a legal expert to solve it.

Ø  Get and fill out a renewal application and follow the required rules.

What is the Renewal Process for Trademarks in India?

Ø  It is mandatory to verify that no similar or identical mark has been registered or filed for registration before renewing a trademark. The Indian Trademark Office website provides options to conduct a brand inquiry.

Ø  The renewal application can be submitted directly at the Trademark Office or through the Indian Trademark Office website, either six months before or after the trademark expiration date and by paying an additional fee.

Ø  The renewal application shall undergo a thorough review by the Trademark Office to ensure that all necessary details have been provided.

Ø  Once the review process is completed, the brand will be featured in the prestigious Trademark Journal, which is a highly coveted platform for brand promotion. This is a significant milestone for any trademark owner, and it shall enhance the brand's visibility and credibility in the market.

Ø  During the period of opposition, which spans four months from the date of publication in the Trademark Journal, interested third parties are entitled to challenge the extension of the trademark.

Ø  A renewal certificate will be granted by the Trademark Office provided that there is no opposition or if the opposition is dismissed in favour of the trademark owner.

Ø  Completion of the renewal process, which represents the final stage, requires payment of the requisite fees, which can be made directly at the Trademark Office or through the electronic platform of the Indian Trademark Office website.

What are the essential forms for renewing your trademark in India?

The process of renewing a trademark in India requires the submission of specific forms along with the appropriate fee.

Ø  It is mandatory for the Department of the Registrar of Trademarks to dispatch a notification to the owner of the trademark six months prior to the deadline for renewal.

Ø  Failure to renew within the specified timeframe shall result in the removal of the trademark from the Register of Trademarks.

Ø  Nevertheless, it is possible to restore the trademark by submitting an application and paying the required fee.

Ø  The restoration of a trademark may be permitted within six months after its expiration, but not later than one year from the date of its last registration.

·         TM-R form: The TM-R form serves the purpose of facilitating trademark owners in renewing their registration, with a physical filing cost of ₹10,000 and an e-filing cost of ₹9,000. Another option is the application for trademark registration renewal with a surcharge which has a physical filing cost of ₹5000 plus renewal fee and an e-filing cost of ₹4500 plus renewal fee.

·         TM-18 form: On the other hand, TM-18 is a supporting affidavit for the case statement and does not entail any charges.

Those who possess the rights to the trademark registration or those who have been granted authorisation to use the trademark are qualified to initiate a petition for the extension or re-establishment of the trademark.

Merits of Trademark Renewal
•    Renewing your trademark offers a number of benefits, including legal protection. This means that if someone infringes on your trademark, you can take them to court and establish your ownership of the trademark. In industries where trademark infringement is common, having a registered trademark is essential.
•    If your brand becomes successful, a trademark can become a valuable intangible asset. Consider the example of brands such as Tide, Nike, or McDonald's. Businesses can earn significant royalties through licensing agreements or even by selling ownership to interested parties.
•    It is important for customers to associate your brand with the products or services you offer. Registering your trademark will give you the necessary uniqueness. The law will prohibit the registration of any similar phrases or catchphrases.