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What Is Trademark Renewal?
Once the registrar approves the trademark registration, it will be valid for ten years. In between these ten years, nobody can object to the ground of validity. The applicant may apply for the renewal of his registered mark after the expiry of ten years. However, the filing of the renewal application is the discretion of the applicant or registered owner. The owner may not apply for the renewal of such a mark. If the applicant wants to renew his trademark, then he shall apply for renewal six months before the expiry of the validity period of the mark in the prescribed form along with specified fees. Unlike the company registration, the trademark is registered only for 10 years and before the expiry of this period the renewal application has to be made otherwise the examiner will remove the name of the brand from the list of the registered trademark. Moreover, if applicants fail to file the renewal application, then the registrar will remove that mark from the list of a registered trademark. After submitting the renewal application, the mark again gets the validity for successive periods of ten years. For providing facility to the applicant the grace period of six months is available along with renewal fees and subject to the payment of the prescribed surcharge. The applicant can file the renewal application either for renewing the same mark or at the same time can apply for some changes in the trademark or logo or any other content. After receiving the renewal application, the registrar will examine the request and will proceed with the renewal process. Once the registrar accepts it, it will be published in the official gazette, i.e., in the journal for seeking the third party objection. If it receives no opposition by the registrar and from any third party, then it will again get the validity of ten years. The registrar may reject to renew the trademark if it is against the public interest or hurts the religious sentiments of any class of citizen of India. It is always good to take professional assistance for filing the trademark renewal application as it took time as well as have to submit according to the prescribed law and rules. In the current scenario, the renewal application will be submitted in FORM TM-R.
How do we work?
  1. Upload your details and make payment.
  2. Get a call from TM expert.
  3. Expert will analyze and examine and make a report.
  4. Drafting of Trademark Renewal done.
  5. Expert will send you the draft for approval.

  6. Congratulations! Your Trademark Renewal has been successfully applied.

Documents Required For Trademark Renewal

Details of the Applicant

Name, Address, Nationality of the applicant

Corporate body/other entity need to provide with a registration certificate

Power of Attorney

A candidate must sign the power of attorney rightfully if they are registering for Trademark Renewal through any advocate or legal firm.

TM Certificate

Trademark Registration Certificate issued by the Ministry

Copy of TM-A

The application filed with the TM Registry for its registration is to be provided.

Benefits from the Service

Secure your brand names

It gives incessant and continuous protection to the brand from getting dissolved.

Eliminates any legal rights

Not renewal would lead to disapproval of legal rights not only to the owner but also to every people associated with it.

Increases Brand value

Which means with a renewal of every term after 10 years of being in the business a brand value raises and any charges against it could lead to compensation. Also, the owner can issue a licence in return for monetary exchanges.

Diminishes Duplicity

It also diminishes the chances of duplicity after renewal at the end of every term.

Key Factors / Important Points
  • The application for the Trademark Renewal is the form TM-R.
  • The Trademark Renewal Application does not need to be filed by the registered owner of the trademark, it can be done by an authorised representative or an agent.

Key Factors / Important Points

  • Recognized by Govt. of India
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FAQ
What is Trademark ?

A trademark is a kind of intellectual property which consists of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

What if the trademark expires ?

You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation

What is the difference between a trademark registration and a trademark renewal ?

Trademark Registration is a long process that takes a number of documents and requires more time than the renewal. A renewal is basically for continuing your ownership and use of the trademark, while registration is the initial process to get its exclusive ownership. After completion of every 10 years, the trademark needs to be renewed.

What are the consequences of failure to renew the trademark ?

In the case of non-renewal, the consequences are severe. Because the trademark would be removed from the register and any other person can claim it and get it registered to their name.

When to file a renewal of trademark ?

The Trademark renewal can be done anytime within 6 months of expiration of 10 years of trademark registration. Any further delay above 6 months will attract extra fee. If the renewal process is not completed within 12 months of expiration of trademark, the trademark will be removed from the trademark register.

What is meant by trademark 'opposed' ?

In case the trademark resembles or infringes any existing trademark or any other reason it might cause damages, in such cases the aggrieved party may file an objection to the examiner and the examiner may solve the issue based upon the parties statements and evidences. When the objection arose the examiner will inform to the applicant and he need to reply within sixty days on failing to do so the applicant will deem to be abandoned.

Do I need to physically present for the process ?

No, you don’t need to be physically present for the process, OnlineLegalIndia is an online catering platform all you need is an internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India