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
Obtain Digital Signature Certificate (DSC)
File Renewal Application (Form TM-R)
Pay Renewal Fees
Track Application Status
Receive a renewal certificate
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:
Fee for Trademark Renewal
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.
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