A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.
A registered trademark has 10 years of validity. After that it needs renewal. You do not need to worry if you forget to renew it as you will receive a prior notice at your registered office regarding the renewal of your trademark. Usually, companies forget to renew their trademark. So, the Registrar informs them regarding the same 6 months before expiration. Still, if there is no action from your side, then Registrar issues a statement which says that your trademark would be removed from Trade Marks Journal. It is a very long process and takes at least 6-12 months after expiration. So before that, you can renew it by just paying the amount of fine to the department.
The Services which are included in our package are as Follows:
✅ Consultation
✅ Application Drafting
✅ Application Filing
✅Paying Government Fees
Legal Protection
Trademark provides Legal protection to your Brand Name.
Business Opportunity
A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald's. Businesses can earn huge money in royalties through licensing agreements or even transfer of ownership to interested parties.
Unique Identity
You would want your customers to identify your products or services with your brand. Registering your trademark is the first step toward ensuring this. The law would then prevent any similar words or slogans from being registered.
1. The application of renewal is made in form TM-12
2. The application can be made by either registered owner of the trademark or an agent authorised.
3It is very important that you take the help of a professional to file for renewal of a trademark application to ensure that the mark is well protected. This is because you may want to broaden the scope of protection. After all, if your brand has survived 10 years, it’s likely that it would have outgrown the classes you had first registered it under.
4. Filing a trademark renewal application extends protection by another 10 years. The trademark registrations are valid for another 10 years, and must be renewed again before expiry.
Well, if you don’t apply for the renewal of the trademark within six months after the expiry, there’s still hope, as you can apply for a restoration.
Under Section 25(4) of the Trademark Act, 1999, you can apply for restoration by submitting an application and paying the prescribed fee. However, this can only be done within one year of the expiration of the trademark.
1. What is the benefit of a trademark renewal?
The trademark registration is a kind of an intellectual property protection, under this a word or a visual symbol being used by any business to help distinguish its goods or services from that of the other similar goods or services which may be originating from a different business gets protected. This benefit will continue if the trademark is renewed.
2. What are the documents needed for trademark renewal?
For filing the application of renewal of trademark, the following documents are required: A copy of the Registration Certificate, Power of Attorney, an ID & Address Proof of the Applicant and a copy of TM-1.
3. Can the renewal of trademark be filed after the expiry of trademark registration?
Yes, it is possible to do the trademark renewal anytime within 6 months of expiration of the expiry of the previous Trademark Registration by filing TM-12 with the prescribed late renewal fee.
A delay of more than 6 months can be risky and shall attract extra fees and documentation. If the renewal process does not get completed within 12 months of the expiration of the trademark, the trademark gets abandoned i.e. removed from the trademark register.
4. What is difference between a trademark registration and a Trademark renewal?
The trademark registration is quite different in documentation, procedure, the time required and fees from the renewal process. The trademark renewal is done within 6 months of completing the ten year time period. It is simple and easy to handle.