Trademark Renewal Online Services
● Safeguard your brand’s identity with our easy and efficient trademark renewal service. Our experts manage the entire process, including paperwork and filing, ensuring your trademark remains protected without any hassle.
- What is Trademark Renewal?
Trademark registrations in India are valid for 10 years and can be renewed indefinitely. The renewal process must begin six months before the expiration date. If you miss the renewal deadline, a reminder is sent to the registered address. However, failure to submit the renewal application within a year may result in a notice in the Trade Marks Journal, announcing the potential cancellation of your trademark.
If you miss the renewal deadline, the process of restoration allows you to renew your trademark within six to twelve months after expiration, subject to paying a fee.
- Documents Required for Trademark Registration Renewal Online in India
To renew your trademark registration online in India, the following documents are typically required:
● A duplicate of the registration document – This confirms the current status of the trademark.
● Copy of the TM-A form – This is the original form used for registering the trademark.
● Proof of the applicant’s identity and address – This verifies the applicant’s credentials.
● Power of attorney (if applicable) – If the renewal is being done through an authorized representative or agency, a power of attorney will be needed.
● Restoring an Expired Trademark:
If you miss the renewal deadline, trademark restoration is possible. Under Section 25(4) of the Trademark Act, 1999, an application can be submitted for restoration within six months to a year after the trademark expires, allowing you to retain the trademark’s legal protection.
- Steps Involved in Renewal of Trademark in India
● Trademark Search:
Before proceeding with the renewal, it’s crucial to ensure there are no similar or identical trademarks already registered or filed.
● Application for Renewal:
You can submit the renewal application up to six months before or six months after the expiration of the trademark. The application can be made online through the Indian Trademark Office’s website o r directly at the office.
● Application Review:
Once the application is submitted, the
● Trademark Office will review the renewal request to ensure that all required details are included.
● Publication in Trademark Journal:
After the review, the trademark will be published in the
● Trademark Journal to inform the public about the renewal.
● Opposition Period:
There is a four-month period following the publication in the Trademark Journal during which third parties may oppose the trademark renewal.
● Renewal Certificate:
If there are no oppositions, or if the opposition is resolved in the trademark owner’s favor, the Trademark Office will issue a renewal certificate confirming the continuation of the trademark.
● Paying Fees:
Finally, the required renewal fees must be paid. These fees can be paid directly at the Trademark Office or online via the Indian Trademark Office website.
- How GTS Assists with Trademark Renewal
● Initial Consultation: Once you submit your details, a GTS representative will contact you to discuss the renewal process, costs, and whether restoration is necessary.
● Trademark Renewal Fees: The government fee for trademark renewal and restoration (if applicable) should be paid.
● Document Preparation:GTS attorneys will gather the required paperwork, including Form-10 or Form-12, and submit it along with the renewal fee to the trademark registrar.
● Application Updates: You’ll be kept informed of the progress, with trademark renewal confirmation expected within 4-5 months.
● Benefits of Renewal: Renewing your trademark protects your legal rights, prevents infringement, offers compensation in case of infringement, and enables you to license or assig
- Checklist for Trademark Renewal
● Confirm Ownership: Ensure that the trademark is registered and that you are the rightful owner.
● Assess Commercial Intent: Verify that the trademark is being used or will be used commercially, as this is essential for renewal.
● Conduct a Comprehensive Search: Perform a thorough search of existing trademarks in the database to ensure there are no conflicting marks.
● Seek Legal Opinion: If a conflict arises with another trademark, consult a legal expert to explore potential solutions.
● Prepare and Submit Renewal Application: Complete the renewal application and ensure all necessary conditions are met before submission.
- Advantages of Trademark Renewal
● Legal Protection: A renewed trademark ensures ongoing legal protection, allowing you to defend your rights in court if someone infringes upon your trademark. This is especially important in industries prone to trademark violations.
● Business Potential: A registered trademark can become a valuable intangible asset, enabling businesses to earn royalties through licensing agreements or even sell the ownership to others, similar to iconic brands like Nike or McDonald’s.
● Distinct Identity: Trademark renewal helps maintain your brand’s unique identity, ensuring customers associate your business with your products or services. It also prevents others from registering similar marks or catchphrases, preserving your brand’s distinctiveness.
- Trademark Renewal Online - Duration to Renew a Trademark
● Renewal Window Before Expiration: You can file for trademark renewal up to one year before the trademark’s expiration date, as per Rule 57 of the 2017 Trade Mark Rules.
● Post-Expiration Renewal Period: You can also file for renewal within six months after the expiration date, under Rules 63 and 64 of the Registered Trademark Rules, 2002.
● Final Extension: A trademark renewal request may be submitted up to six months after the expiration, but if not renewed within this period, the trademark will be removed from the Register of Trademarks.
- Trademark Renewal Online - Alterations and Adjustments
● TM-R Application for Renewal: To renew a trademark, you need to submit a TM-R application for renewal. This application can be filed by the registered owner or a representative authorized by them.
● Renewal for 10 More Years: By submitting the renewal application, a trademark can be renewed for an additional 10 years.
● Regular Application Status Checks: After submission, it’s important to track the status of your application to ensure the trademark is successfully renewed.
● Trademark Journal Publication: If the renewal application is approved, it is published in the Trademark Journal. The application may be subject to opposition if any third party objects. The approval process is generally completed 3-6 months before the expiration date.
● Form-18 Submission: The renewal application is submitted using Form-18, along with the required fees. The application will be reviewed and formally approved once it meets the necessary criteria for renewal.
- Forms Required
To renew a trademark in India, the following forms and fees are required:
(for renewal application):
● Cost: ₹9,000 (e-filing), ₹10,000 (physical filing)
Trademark Renewal Application (with surcharge for late filing):
● Cost: ₹4,500 + renewal fee (e-filing), ₹5,000 + renewal fee (physical filing)
TM-18 Form (for supporting affidavit in case of disputes):
● Cost: No specific fee listed
The Trademark Office notifies the owner 6 months before the renewal deadline. If missed, a trademark can still be restored within a year by submitting a renewal application and paying the necessary fees.
- Why Choose GTS?
● Expert Assistance: GTS connects you with recognized specialists to handle all your trademark renewal requirements, ensuring compliance with regulatory standards.
● Seamless Process: We manage all the paperwork and provide a hassle-free interaction with the government, allowing you to track the progress online.
● Transparency: Our clear and transparent approach helps set realistic expectations throughout the renewal process.
Experienced Team: With over 300 legal professionals and business advisors, GTS offers expert guidance and support at every step, ensuring your trademark renewal is smooth and efficient.
- FAQ
In India, trademark renewal should be applied at least 6 months before the expiration date. Although the renewal can be filed up to 12 months in advance, it’s recommended to start early to avoid delays or complications that could risk losing trademark rights. start investigating whether SLAs are being managed to meet and whether they are qualified for letters of credit or other SLA penalties.
You can file your trademark renewal application after the expiration date, but there are deadlines:
Within 30 days: No additional fees.
After 30 days, but within 6 months: Late fees apply.
After 5 years: A new trademark registration is required, not just a renewal.
It’s best to renew early to avoid extra charges and issues.
Trademark restoration allows a trademark removed for non-renewal to be reinstated. To restore it, an application must be filed within one year of the trademark’s expiration, but no later than six months after the expiry date. The application is submitted with the required fees, and if accepted, the trademark is restored to the register, re-establishing the owner’s rights.
In India, trademark registration is valid for 10 years from the date of registration, as per the Trademark Act of 1999. To keep the trademark protected, it can be renewed for an additional 10 years by paying the prescribed renewal fee. The renewal process must be initiated before the expiration of the initial 10-year period. If not renewed, the trademark may be removed from the register.
The Trademark Renewal and Trademark Restoration processes are different:
Trademark Renewal extends the trademark’s validity for another 10 years by filing Form TM-R with a fee within one year of the expiry.
Trademark Restoration is for trademarks removed from the register due to non-renewal, allowing the trademark to be reinstated by applying for restoration within one year after expiry.
Renewal keeps the trademark active, while restoration is for reinstating a lapsed trademark.
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