Trademarks are marks which can be graphically represented and which assist humans perceive the enterprise or individual who produced the products or services. These marks may be registered under the Trademark Act, 1999 with the Trademark Registry Offices and can be renewed through Trademark Renewal Procedure. Trademark Renewal Procedure preserves those rights that are most effective available to a registered mark. If the owner fails to renew the trademark through Trademark Renewal Procedure, he’s going to lose all of the safety associated with registration. For example, a registered trademark benefits from the legal presumption of ownership. In that manner, the weight of evidence is on others to attempt to disprove your ownership. If the trademark isn’t being used for a period of 5 years, then it could be cancelled at the request of some other party. In this blog we are going to guide you about the Trademark Renewal Procedure in detail.
Essential Things about Trademark Renewal Procedure
The owner should observe for renewal earlier than the Registrar of the Trademark in a prescribed shape (TM-R), on or earlier than six months from the expiration date of the Trademark Registration. If no application for trademark renewal has been filed, it must be executed 1 to 3 months earlier than the expiration of the registration. After that, the Registrar should send a note to the owner informing him of the imminent renewal date. If a note of renewal has now no longer been served, you have to maintain in thoughts that no trademark may be removed. The owner has to pay trademark renewal expenses as prescribed, together with the software for the renewal. Renewal may be executed in ways. Those are as follows-
- Simple Renew the Trademark with changes, modifications, and alterations. Use the TM-R shape to use for the renewal of an indicator.
- A legal consultant or agent also can make the software. It does now no longer want to be filed with the aid of using the registered proprietor of the trademark itself.
- A trademark may be posted within side the reliable gazette of the Trademark Journal whilst the software is permitted.
- If the renewal system is executed physically, the submitting for the renewal charges 10,000 rupees.
- And if executed on-line through e-submitting, it costs 9,000 rupees.
- Utilizing the considered necessary expenses, Form-18 is used to use. The software is reviewed for excellence and best earlier than it’s far eventually permitted for renewal.
Trademark Renewal Procedure in India
Commonly there are two ways for Trademark Renewal Procedure which are given below-
- You can apply online for the renewal of trademark with the alteration in the existing mark.
- You can apply online for renewal of the trademark without any alteration in the already existing mark, means to apply for the renewal without making any change in the already existing mark for which you already have registration.
Step-by-Step Trademark Renewal Procedure in India
Follow the steps given below to renew your trademark in India-
- File form TM-R to renew your already existing trademark for which you have registration and which got expired. Application for the Trademark Renewal Procedure can be file by either you or your authorized agent or attorney.
- File form TM-18 and also attach affidavit with it to support your statements.
- Upload the following required documents,-
- Pre-existence of a registered trademark that is possessed with the aid of the proprietor/owner (copy of the registration certificate)
- The dedication and purpose for business use have to be tested for eligibility (copies of the proof of same).
- You have to make certain that there may be no comparable trademarks with the aid of executing a trademark search of the famous and authorized trademark database.
- Power of Attorney to Symbolize the Applicant
- Address Proof & Photo ID of the Applicant
- Copy of Application Shape for trademark registration – Form TM-A
- It is prudent to get a prison opinion for a possible answer if there may be warfare of the trademark.
- Prepare and obtain a renewal utility and thereby observe the appropriate condition.
- Payment of fees is required after following all the steps given above.
- Concern authority will verify your application and documents.
- After valid verification you will get the Certificate of Renewal on the name of the trademark owner.
- After the completion of all these steps, renewal will be reflected in the trademark journal.
Trademark Renewal Procedure is one of the most essential parts of Trademark Registration. The tendency of an image or a phrase belonging to an enterprise to be outstanding from different undertakings is what stipulates the position of an indicator. The registration of an indicator guarantees that the emblem of the proprietor is blanketed from all capacity damage. Therefore, it’s far counselled to resume and repair the trademark whilst needed. If the renewal length has lapsed and no utility changed into filed previous to the expiration, then the owner can observe for healing of the trademark. However, such a utility must be made inside 6 months to at least one year, after the date of expiration of such registration. In case you want to renew your trademark but facing a lot of problems and having doubts regarding the Trademark Renewal Procedure, we the Bizadvisors are always there for you. You can contact us anytime.
Read our article:A Complete Guide on Trademark Registration in India