Trademark Renewal
A trademark is employed by a business to set its products or services apart from other, comparable products or services provided by another firm. An "R" is used to represent trademark insignia, logos, labels, and names. The Trade Marks Act of 1999 allows for the registration of trademarks. If the trademark is deemed offensive, non-distinctive, or involves official symbols, it cannot be registered.
Section 25 of the Trade Marks Act of 1999 states that a trademark in India has a 10-year validity duration. Government of India (GOI) announced new rules on March 6, 2017. Trade Mark Rules, 2017, to promote e-filing, shorten the application process, establish standards for filing trademark applications, and make the registration procedure easier.
With the right paperwork and fulfillment of the necessary requirements, the registered trademark may be extended for another 10 years. In this article, let's take a closer look at the processes for renewing and restoring trademarks.
Renewal of a Trademark
Duration to renew a Trademark
- The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
- The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
- The renewal can also be filed within six months after the date of expiry.
If a trademark is not renewed within six months of its expiration date, it will be deleted from the Register of Trademarks.
Forms
The following forms must be provided for renewal of a Trademark along with the allotted fee.
|
Form No. |
Purpose |
Cost (physical filing) |
Cost (e- filing) |
|
TM-R |
Application form for renewal of a registered trademark to be used by the registered proprietor |
Rs.10,000 |
Rs.9000 |
|
Application for renewal with a surcharge of registration of a Trademark |
Rs.5000 + Renewal fee |
Rs.4500 + Renewal fee |
|
|
TM-18 |
Affidavit in support of the statement of the case |
- |
- |
Restoration of a Trademark
Mandatory notice from the Office of the Registrar of Trademarks
The Office of the Registrar of Trademarks will notify the trademark owner six months in advance of the renewal date via a notice. If the trademark is not renewed within the allotted term, it will be deleted from the Register of Trademarks.
However, by submitting an application and the necessary cost, the Trademark may be restored.
Duration to restore a Trademark
- Trademark can be restored after six months and within one year from the date of expiration of the last registration of the mark.
Forms
The following forms must be provided for renewal of a Trademark along with the fee.
|
Form No. |
Purpose |
Cost (physical filing) |
Cost (e- filing) |
|
TM-R |
Application for renewal with surcharge/ restoration and renewal of a Trademark |
Rs.10,000 + Renewal fee |
Rs.9000 + Renewal fee |
|
TM-18 |
Affidavit in support of the statement of the case |
- |
- |
The following members can file the applications for renewal or restoration
- The proprietor of the registered trademark
- An agent associated with the registered trademark
Faq's
What is the difference between trademark registration and trademark renewal?
The trademark registration helps an individual obtain exclusive rights for the use of words or symbols. Whereas the Trade renewal helps in continuing the ownership and use of the trademark.
Can a trademark be restored?
A trademark can be restored after the expiry within 6 months to keep using it. An application is to be made for the same.
When to apply for Trademark renewal in India?
A trademark renewal application should be made six months before the expiry of the registration. An application is to be made with the payment of fees.
What are the benefits of trademark renewal?
The trademark registration is an asset for the company under this a word or visual symbol is used by a business to help them distinguish the goods and services from that other similar goods and services. Thus, renewing a trademark is always beneficial.
What documents are required for Trademark renewal?
The application for trademark renewal needs to have these documents attached a copy of the registration certificate, power of attorney, ID and address proof of the applicant, and a copy of the TM 1 form.
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