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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.
Documents Required For Trademark Renewal
ID PROOF
PAN Card, Adhaar Card Voter Id, Driving license, Passport
POWER OF ATTORNEY
Duly Signed TM 48
APPLICATION NUMBER
Trademark Application Number
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