Trademark Renewal Process in India
Trademark renewal refers to extending the lifespan of a registered trademark by filing the necessary paperwork and paying the required fees to the relevant government agency. In India, a registered trademark is initially valid for ten years from the date of registration. After that, owners can renew their registration for another 10-year term.
This process involves submitting an application to a trademark office or agency. Read along to learn all about the renewal of a trademark in India and all its details.
What Are the Requirements for Renewal of Trademark Registration?
Certain documents and application forms are mandatory to complete the process of renewing a trademark registration. Here are the requirements for the renewal of a trademark in India:
Documents Required for Trademark Renewal: Documents required for trademark renewal are mentioned below:
• Duplicate copy of trademark registration certificate
• Power of Attorney, in case an applicant is an agent or authorised representative.
• A copy of the trademark renewal application (form TM-A which is )
Forms Required for Trademark Renewal:
• One must submit certain forms for a trademark renewal process along with the required fees. The list of forms required for renewing a trademark is mentioned below:
|Type of Form||Purpose||Cost (Physically Filling)||Cost (E-filling)|
|TM-R||Application form for renewal of registered trademark by its owner||₹10000||₹9000|
|TM-R||Additional surcharge for renewing a registered trademark||₹5000 + renewal fee||₹4500 + renewal fee|
|TM-18||An affidavit supporting the statement||-||-|
What Is the Duration for Renewing a Registered Trademark?
The trademark authority provides several opportunities to renew a trademark that can be divided into three parts:
- One year before expiry: As per Rules 57 and 58 in Trademark Rules 2017, owners can apply for a renewal a year before its expiry date.
- Six months before expiry: As per Rules 63 and 64 in Trademark Rules 2002, a renewal of a trademark can be applied six months from its date of expiry.
- Six months after expiry: This process allows people to renew their registration after six months after their expiry.
What Is the Procedure for the Renewal of Trademark Registration?
There are several steps before a trademark renewal process is accepted and processed. Here are the different steps of a renewal process:
Step 1: Searching for the Trademark
This is the first and foremost step. It is necessary to ensure that there is no trademark with any resemblance, or this whole process will be illegal and futile.
Step 2: Applying for Renewal
Owners must submit a renewal application after the validity of their trademarks expires. One can submit this renewal application a year or six months before or about six months after its expiry date. You can submit these applications both online and offline. It can be submitted online on the Indian Trademark Office's website and at the Trademark Office offline.
Step 3: Review of Application
Once this application is submitted, the Trademark Office reviews it to check the information's authenticity.
Step 4: Publishing in the Trademark Journal
In this step, authorities promote an application in the trademark journal. A Trademark Office ensures that it is authentic and genuine before doing so.
Step 5: Period of Opposition
The period of opposition refers to the first four months after a trademark is published in the Trademark Journal. During this period, third parties can oppose its extension.
Step 6: Certificate Renewal
If a trademark goes unchallenged during its opposition period or if it works in favour of its owner, then the owner receives a renewal certificate.
Step 7: Payment of Fees:
The final step in the renewal process is the payment of fees. Those who apply for a renewal offline may pay the fees directly at the Trademark Office, and those opting for an online option can pay it on the website.
What Are the Advantages of Trademark Renewal?
Now that you know how to renew a trademark, learning more about its needs and importance can be beneficial. Here are the advantages of renewing the trademark:
- Provides Legal Protection: After the completion of trademark registration, its owner holds legal ownership of the mark. Then, its owner can take legal action on the use of their trademark by somebody else. Its renewal is essential for owners of industries and brands.
- Boosts the Growth of Business: A trademark serves as the face of a brand. Having a permanent face for a brand increases brand recognition. Brand recognition is essential for newly developing businesses, which boosts their growth.
- Long-term Usage of the Trademark: Renewing the trademark allows owners to use it for their brands longer. Owners can use it for about ten years from the time of renewal. This ensures uninterrupted growth of business and profitability.