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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.
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:
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Documents Required for Trademark Renewal:Â 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 )
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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 | - | - |
The trademark authority provides several opportunities to renew a trademark that can be divided into three parts:
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.
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:
It would be advisable to consult a legal professional or lawyer before applying for a trademark renewal. As the process is quite long and complex, there is always room for error without a consultation.
An application to renew a trademark might fail for some reason. In this case, the holder gets an extended time of 6 months to renew it.
The Registrar of Trademarks office sends a notice 6 months before the date of expiry of a certificate. The renewal applications can be submitted to the Registrar of Trademarks office directly or on the website of the Indian Trademark Office.
A trademark certificate is valid for 10 years. After this period, it will be mandatory to renew this certificate.