A registered trademark in India expires after 10 years. But, it can be kept permanent by filing a trademark renewal application online or offline by paying necessary renewal fees every 10 years. This application has to be filed on or before 6 months from the date of expiration of the registration. Trademark Renewal in India can help you keep your trademark perpetual and permanent as there are no restrictions on how many times and for how many years you wish to keep your trademark status active and registered.
Trademark Renewal Features
1. Protection from Frivolous Litigation
It is possible to have a seamless trademark protection without any chances of litigation. Renewal of trademarks makes impossible for someone to claim rights over it other than the trademark owner.
2. Extension of Ownership Rights
One can avail protection from infringement of rights over the brand name. The exclusive rights over the trademark are extended for 10 years after each renewal. Hence it provides a permanent protection of your brand and goodwill created by the brand.
3. Brand Name Security
Renewal of trademark promises continuous and unhindered protection of the brand name. Failure of renewal leads to a lapse of legal protection in Brand name.
4. Monetary Returns
A trademark owner has the exclusive rights to assign or license the mark to someone else in return of some monetary compensation. Thus, one can make a profit from a registered trademark as well.
Process For Trademark Renewal
Checklist For Trademark Renewal
- Pre-existence of a registered trademark, possessed by the proprietor, subject to renewal.
- The intent for commercial use should be analysed for eligibility.
- Make sure that there is no similar trademark, by executing a trademark search of the eminent and licensed trademark database.
- If there is a conflict of trademark it is prudent to get a legal opinion for a feasible solution.
- Procure and prepare an application for renewal and thereby comply with appropriate conditions
Trademark renewal is of two types:
- There is alteration and change of sign or logo of the registered trademark
- Application is made without any change in the trademark
Here is simplified process:
The application can be filed by the registered owner of the trademark or an agent authorized by him.
By filing a renewal application for trademark , will renew it for another 10 years.
Checking the status of the application periodically is very important until it is processed by the registrar.
The trademark journal is the official gazette of the trademark registry which governs the status of accepted or rejected. If the application is accepted then it is advertised in the trademark journal. And the renewal process should begin 3 to 6 months before the expiry of the trademark.
To file the application Form 18 with the requisite fees. The application is reviewed for the quality before it is finally approved for renewal.
- A copy of the trademark registration certificate
- Power of attorney to represent the applicant
- Photo Id and address proof of the applicant
- Copy of application form of Trademark registration
How Team In Filings Helps With The Trademark Renewal Process
Requirement – As soon as you send us your details, a representative will get in touch to find out more about your requirements and explain the process and charges to you. Charges would depend on whether you need the trademark renewed or restored. Renewal costs Rs. 5000 in government fees, while restoration costs Rs. 8000.
Renewal Application – Our lawyers will start working on your Trademark Renewal application and prepare the relevant documents. Either Form-10 or Form-12 would need to be filed with the registrar, along with renewal fees.
Confirmation – We will keep you up-to-date on the status of your application, and within four to five months you will receive confirmation that your trademark has been renewed for another 10 years.
Frequently Asked Questions
You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation.
In the case of non-renewal, the consequences are severe. Because the trademark would be removed from the register and any other person can claim it and get it registered to their name.
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 or CTM for registration across multiple countries.