Overview of Trademark Renewal
Renewing a trademark in India is crucial for maintaining exclusive rights to your brand name, logo, or slogan. Trademarks are valuable assets that distinguish your products or services in the market. Renewing your trademark ensures that your brand remains protected and enjoys legal backing, preventing others from using a similar mark. This process must be done every 10 years to keep your trademark active and enforceable.
Benefits of Trademark Renewal
Trademark Renewal Benefits are essential for maintaining your brand's identity and rights. Renewing your trademark ensures continuous legal protection, avoids potential legal complications, and upholds your market credibility. Additionally, it provides a competitive advantage by preventing unauthorized use and opens up monetization opportunities through licensing or selling your trademark, offering additional revenue streams.
1. Continuous Legal Protection: Trademark renewal ensures that your brand's identity and rights are protected without interruption.
2. Avoids Legal Complications: Renewing your trademark prevents the risk of losing your rights and the potential legal troubles that come with non-renewal.
3. Market Credibility: Keeping your trademark renewed helps maintain your brand's good reputation and trust among customers in the marketplace.
4. Competitive Advantage: Renewing your trademark stops competitors from using similar names or logos, which helps you keep your strong market position.
5. Monetization Opportunities: A renewed trademark can be licensed or sold, offering additional ways to earn money from your brand.
Process of Trademark Renewal
The trademark renewal process involves several steps to ensure that your trademark remains protected:
Obtain Digital Signature Certificate (DSC)
Why: It is required to sign and submit renewal forms electronically.
How: Apply through certifying authorities like E-Mudhra, Ncode, or Sify.
File Renewal Application (Form TM-R)
How: Submit the form online via the IP India website or offline at the trademark office.
Pay Renewal Fees
Why: It is necessary to process the renewal application.How: Payment can be made online through the IP India portal or demand draft.
Track Application Status
Why: To monitor the progress and ensure timely renewal.
How: Check the status online using the application number on the IP India website.
Receive a renewal certificate
Why: Confirms that the trademark has been successfully renewed.
How: Issued by the trademark registry upon approval of the renewal application.
Documents Required for Trademark Renewal
To renew a trademark, you need to provide certain documents for verification. Here's a detailed table of the required documents:
Trademark Renewal Fees
Trademark renewal fees in India depend on two key factors:1. Timing of the application: Before expiry: If you file the renewal application before the expiry date of your trademark, the official fee is ₹9,000 per class for trademark renewal online filing and ₹10,000 per class for offline filing. After expiry (within 6 months): If you apply within 6 months after the expiry, you will incur a surcharge in addition to the renewal fee. The surcharge is ₹4,500 per class for online filing and ₹5,000 per class for offline filing. 2. Number of classes The fees are per class, meaning you need to pay separately for each class your trademark is registered in.
Procedure for Trademark Renewal
The procedure for trademark renewal in India involves several steps, and it's mandatory to follow them accurately, to ensure the continued protection of your brand. Here's a breakdown of the process:
1. Timing:
You can file for trademark renewal six months before the expiration of your existing registration or within six months after the expiration date.
It's advisable to file early to avoid any last-minute hassles and potential fees for late filing.
2. Application Form:
You're required to submit Form TM-R for the registration of trademarks.
The trademark form can be downloaded from the official website of the Indian Trademark Office (https://ipindia.gov.in/) or obtained from the office itself.
3. Required Documents:
Along with the filled-out form, you'll need to provide:
A copy of the original trademark registration certificate.
A copy of the TM-A form was used for the initial registration.
Proof of the applicant's identity and address. This could be a copy of your passport, Aadhaar card, or voter ID card.
Power of attorney if someone is filing the application on your behalf.
4. Application Process:
You can apply online through the Trademark Office website or offline by submitting it at the Trademark Office in person or by post.
If you're filing online, you'll need to create an account on the website and upload the required documents.
5. Examination and Publication:
Once you apply, the trademark office will examine it to ensure it meets all the requirements.
If the application is accepted, it will be published in the Trademark Journal for a period of four months.
This allows any third party to file an objection if they believe the trademark infringes upon their existing rights.
Why Choose Taxlegit?
Taxlegit goes beyond merely facilitating trademark owners by revolutionising the whole trademark renewal process and providing them with speed, accuracy, and peace of mind. Professional Advice: Taxlegit is made up of seasoned experts who are knowledgeable about trademark issues. They may assist you with the renewal procedure, making sure that all of your t's and i's are crossed. Timely Assistance: Missing a renewal deadline may unravel the protective fabric of a trademark, leaving companies open to exploitation in the complex world of trademark administration To guarantee that trademark owners never falter at pivotal moments, we stand out as a dependable light that provides not only reminders but also a lifeline of support. Effortless Process: The complexities of legal procedures can be off-putting. We simplify the renewal process, making it easy and stress-free for business owners.
