13+Years, More than 25000 Clients, and 25000+
Trademarks renewed already
Overview
Trademark is perpetual in nature, and registration of a trademark is valid only for a period of 10 years. However, after the competition of ten years, the Applicant can renew the trademark for another ten years, and this can go on for eternity. Hence, a trademark application, once registered, must be renewed every ten years, failing which the trademark is liable to be removed from the Register of Trademarks. An application for the renewal of a trademark shall be made under Form TM-R along with the prescribed Government fee, anytime within six months prior to the expiry of the registration of the mark. The trademark will be deemed to be removed from the TM Register if the applicant fails to file the TM-R form with the requisite fee within the stipulated time. Trademark renewal shall preserve all the rights that were previously available to it before the expiry of the duration. In case the proprietor fails to renew the trademark, he loses all the protection that comes along with registration. For example, a registered trademark has the benefit of a legal presumption of ownership. This consequently means that the burden of proof lies on the third party in trying to disapprove the applicant’s ownership.
What Is The Process?
1. Consultation
After making a request, one of our representatives will get in touch with you to understand your requirements and will brief you regarding the process of Trademark Renewal.
2. Documentation
After the consultation, you will be asked for certain necessary details with respect to the trademark that needs to be registered. Post that, our Trademark Agent or Attorney will prepare the relevant documents that are required for filing the renewal application.
3. Filing
After careful examination of the required documents, our Attorneys file the Trademark Renewal Application in the prescribed form (Form TM-R) along with relevant documents.
4. Renewal
Once the application is made, and the documents are acknowledged and verified by the Registry, and confirmation on the renewal application is confirmed, which generally takes around 4-5 months. Once received, your Trademark will be renewed for another 10 years.
Details Required
- Proof of Applicant – The certificate of registration along with PAN card or any government ID proof and Address Proof of the Applicant.
- Trademark Certificate – Registration certificate of the Trademark that is issued by the Registry.
- Power of Attorney – A document that gives authority to the attorney(s) allowing them to file the renewal application of trademark on behalf of the Applicant.
- Copy of the TM-A Application – The copy of the application that was filed with the Trademark Registry during the registration process.
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Frequently Asked Questions
1. What are the benefits of Trademark Renewal?
Trademark renewal keeps the trademark registration intact and helps the trademark owner to retain the enforcement rights that are accorded by the Trade Marks Act.
2. What are the consequences of failure of renewal of trademark?
In case no application for renewal has been filed, or in case no fee for renewal has been paid by the proprietor, the Registrar may remove the mark from the register.
3. How would the applicant be affected on the event of non-renewal of Trademark?
In the case of non-renewal, the applicant shall lose all the protection that comes along with registration. A registered trademark has the advantage of the legal presumption of ownership. This consequently means that the burden of proof lies on the third party in trying to disapprove the applicant’s ownership.
4. What if the renewal of a trademark application is not made within the stipulated time of six months before the expiry of the trademark registration?
In such a case, the applicant can file the renewal with the registry within the next 6 months along with the prescribed late fees of missing the normal deadline.
5. What if the trademark expires i.e. renewal of trademark application is not even made after the expiry of the trademark registration?
In such a case, the proprietor can apply for restoration of the trademark.
6. What is trademark restoration application?
In case of non-renewal of trademark after the expiry of the trademark, the Applicant can apply for a trademark restoration application with the Registrar.
7. What is the process of trademark restoration?
Trademark restoration application should be made within 6 months to 1 year from the date of the expiry of such registration. The applicant has to file a TM 13 with the required fees in order to request restoration of the mark. Post this, the Registrar shall advertise the mark again and invite objections and oppositions from a third party.
8. Whether there will be any changes in the rights after renewal of trademark?
Trademark renewal does not create any changes in the rights of the trademark holder. As long as the trademark is valid, the trademark holder would enjoy all the rights that he/she acquired during the primary registration.
9. Is the trademark valid outside India?
Trademarks are usually territorial and are valid only in the country where they are filed. However, one can file for registration separately in individual countries which can be an expensive proposition or you can submit an application via WIPO/Madrid or CTM for registration across multiple countries.
10. When should the Renewal Application be filed?
An application for the renewal of the registration can be filed with the Registrar under form TM -R along with the fees prescribed. The renewal application should be filed within one year after the regular renewal filing date of the trademark has expired.
11. Is there a provision to file renewal application after the expiry of term?
Yes, Section 25(4) of the Trademark Act, 1999, provides for renewal application if the trademark has been removed due to non-payment of the fee within the prescribed time. In such a case, the Registrar may renew the application if the applicant files the renewal applicant in the prescribed format with the late fees within one year of the expiry of the regular date of filing renewal.
12. Is a Trademark Renewal Application examined in India?
Yes, the examination includes whether the application has been filed in time and whether the same has been filed by the proprietor of the mark on record.
13. When should the Renewal Request for an International Application be filed?
A renewal request for international application should be filed after 10 years of the date of registration in the prescribed format and with the prescribed fee. In case of late filing, such late fees should also be accompanied by regular renewal application as per Article 8(7) of the Madrid Protocol.