Trademark Renewal

OVERVIEW

What is Trademark Renewal?

Renewing a registered trademark in India is an important task to ensure its continued validity. This means submitting a renewal application and paying the required fees, either online or offline. It's essential to do this within 6 months of the trademark's expiration date. By renewing the trademark every 10 years, it can maintain its status as perpetual and permanent, with no limits on how many times or years it can be registered.


BENEFITS

Benefits of Trademark Renewal in India

Protection from Frivolous Litigation

Renewing trademarks can provide seamless protection without the possibility of litigation. It ensures that only the trademark owner has the right to claim ownership, and prevents others from making such claims.

Extension of Ownership Rights

To safeguard against infringement of rights over a brand name, one can obtain protection through trademark renewal. The exclusive rights over the trademark are extended for a period of 10 years after each renewal, providing a permanent protection of the brand and the goodwill that it has established.

Brand Name Security

Renewing a trademark ensures uninterrupted and continuous protection of the brand name. If renewal is not done on time, the legal protection of the brand name will lapse.

Monetary Returns

To earn monetary compensation, a trademark owner has the right to assign or license their mark to another party exclusively. This means that one can profit from a registered trademark by allowing others to use it for a fee.


ONLINE REGISTRATION

Documents required for trademark renewal application


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Proof of Applicant

PAN Card and Address Proof of Applicant Certificate of registration (other than Individual applicant)

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TM Certificate

Trademark registration certificate issued by Registry

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Power of Attorney

It allows the attorney to file the trademark renewal application on your behalf with the trademark registry

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Copy of TM-A

The application filed with the TM Registry for its registration is to be provided


Renew your TM in 3 Easy Steps

1. Answer Quick Questions
  • Spare less than 10 minutes to fill our online Questionnaire
  • Upload required Documents
  • Make quick payment through our secured gateways
2. Experts are Here to Help
  • Assigned Relationship Manager
  • Consultation regarding the renewal
  • Provide Application No & TM Registration Certificate
  • Preparation & Filing of Application
3. Your Trademark is Renewed
  • All it takes is 3-4 working days*
*Subject to Government processing time

Process for Trademark Renewal online

Day 1 Collection
  • Discussion and collection of basic Information
  • Provide required documents for trademark renewal services
Day 2 - 3 Execution
  • Drafting of Documents by Professionals
Day 4 - Submission
  • Filing of online TM renewal application
  • Sharing the acknowledgement

Explore Trademark Opposition

Frequently Asked Questions


An online application for renewal of Trademark in India shall be made no earlier than 1 year before the expiry of 10 years from the date of application. The application of Trademark Renewal after the expiry of a period of 10 years can be made only by payment of additional fees. Hence applying for renewal 6 months prior to the expiry date is ideal.

The Registry of Trademark may condone the period of delay for renewal of trademark by 6 months after the expiry of 10 years. Online application for Trademark Renewal in India can be made after the expiry of 10 years with a payment of additional fees.

An online trademark renewal application shall be made with the help of Registered Trademark Attorney in India with the payment of renewal fee and additional or late fee (as applicable). A trademark renewal request can be filed six months prior to the date of trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register. An extension period of six months post-expiration is given in case one misses the deadline along with an additional late fee.

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.

Trademark Registration is a long process that takes a number of documents and requires more time than the renewal. A renewal is basically for continuing your ownership and use of the trademark, while registration is the initial process to get its exclusive ownership. After completion of every 10 years, the trademark needs to be renewed.

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.

Trademark renewal does not create any changes in the rights of the trademark holder. As long as the trademark is valid, the trademark holder would enjoy all the rights that he/she acquired during the primary registration.

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.