Trademark renewal India

A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. A trademark can be registered under the Trade Marks Act, 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems. The validity period of Trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999.The Registered Trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. In this blog let us have a look at the procedures to the renewal of trademarks.

What is trademark?

A trademark is a visual symbol that can be a word, a name, a number, a label, a logo, or a color combination. It is a distinguishing feature that allows customers to recognize a particular brand or company. A trademark is any sign that is capable of distinguishing the identity of one enterprise from that of another. A trademark once registered is valid for a period of 10 years, following which renewal of a trademark is required if you want to keep i.e. trademark is a symbol that can be anything from a name, a logo, a picture, a word, a phrase, or even a label or a sound. Registering a Trademark is the first step towards protecting your brand name. Once registered, it is also considered a precious asset in the balance sheet of your business as a trademark, and can also imply goodwill.

 

What is  trademark renewal

In India, a Trademark Renewal has a 10-year validity period from the date of application. It can be renewed for another ten years as many times as you want, but only once before the term expires. You do not need to worry if you forget to renew it because you will receive a notice at your registered office about the renewal of your trademark before it expires in 6 months. If you do not respond to this statement, another statement will be issued requesting that your trademark be removed from Trade Marks Journal. The renewal protects your trademark rights for a ten years.

Duration to renew a Trademark

The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.The renewal can also be filed within six months after the date of expiry.

 

 

In India, trademarks can be renewed in two ways:

1.You can apply for Trademark Renewal Online, with the option to alter any words or sign in your existing trademark, or

2.Further, you can apply for trademark restore online, without making any change in the existing trademark.

What is the procedure for renewing a trademark in India/ Procedure for Trademark Renewal

 

The application may be filed either by you or by your authorized agent

Step1: If the application may be filed by our authorized agent, and an affidavit in support of your statement must be submitted.

Step2: A trademark renewal fee of Rs9000 is levied online as a Trademark Renewal Fee.

Step3: It will then be scrutinized to ensure that the information and documents provided are correct and valid.

Step4: If the requirements are met, the trademark registrar will issue a certificate of renewal in the trademark owner's name, which will be reflected in the trademark journal.

 

Advantages of renewing your trademark

• With each trademark renewal, you extend your protection against infringement on your brand's identity for an additional ten years.

• You can also sue other companies for unauthorized use of your trademark as long as it is still registered in your name.

The whole point of registering a trademark for a business is to claim exclusivity over one’s brand identity which is extended for an additional ten years with every trademark restore. Moreover, the goodwill built up by your brand name over the years is preserved as well.

A timely trademark resumption makes it impossible for other people/businesses to claim any unwarranted rights over your trademark.You can also sue other people/businesses for the unauthorized use of your trademark, so long as it continues to be registered in your name.

When you renew your trademark, it continues to spread the vision, image, and unique characteristics of your organization over an extended period of time and talented young minds wish to be associated with brands.In a way, regularly renewing your trademark will ultimately reduce the cost involved in sourcing and retaining quality manpower.

Documents Required for Renewal of Indian trademarks:

 

•          PAN card

•          Address proof

•          Certificate of incorporation

•          Trademark registration certificate issued by the registry

•          Power of attorney if someone else is filing on your behalf.

 

Renewal fees of india

The government fees for Trademark Renewal in India vary depending on whether it is done physically (Rs 10,000 ) or online (Rs 9,000). Using the services of a professional is part of the renewal process..

 

Conclusion

Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks. In the above scenarios, if the renewal fee is not paid within the prescribed period, the trademark is liable to be removed from the Register of Trademarks post advertisement of the same in the Trademarks Journal. To avoid such a penalty, renew before 6 months by simply paying the fine to the department with the assistance of LegalRaasta expertise. With the help of our experts and our super-fast online platform, you can upload all the necessary documents without any hassles, pay the trademark resumption fees through our secure gateway, and get your trademark renewed within days!. So, for Trademark Renewal, use LegalRaasta's best legal expertise for Trademark Renewal Online India.