Documents for Trademark Renewal In India

4 Essential Documents of Trademark Renewal

Online Legal India LogoBy Online Legal India Published On 24 May 2022 Updated On 17 Jan 2023 Category Trademark

Trademark registration protects intellectual property by securing a term or a visual sign that a company uses to differentiate its goods or services. Trademark renewal is required every 10 years. The sector will experience an even greater increase in the overall number of trademarks registered in the coming years. The renewal application must be submitted with the necessary documents required for a trademark renewal at least 6 months before the mark's expiration date. Before the time limit, businesses must prepare and submit the application form. This will not only ensure that their trademark is protected indefinitely, but it will also eliminate the possibility of a lawsuit. Businesses may prolong their security for another decade thanks to the timely renewal. To apply for trademark renewal, businesses must complete Form Trademark-12 and pay the required price. If a person or corporation fails to renew its Trademark, the mark is held responsible for its removal, and the holders must restore their TM for longer protection.

Need For Trademark Renewal 

Renewal of a trademark has several benefits:

  • When a trademark is registered, it grants the owner of the trademark a number of legal rights. 
  • It prohibits trademark infringement and provides for reimbursement in the event of such a violation.
  • It also gives the trademark holder the ability to freely transfer the TM to another person or entity. 
  • Because trademark licensing is only available if the trademark owners have registered the brand, a registered trademark is extremely valuable.

Trademark Renewal in India

Before their existing registration or renewal expires, companies have 6 months to file trademark renewal petitions along with all the documents required for trademark renewal. As a reminder, the Registrar will send a notification to the Trademark owner before the registration expires. The message will also include information regarding the expiration date as well as payment terms and conditions.

 

If a trademark registration is not secured in compliance with the specified requirements, the Registrar has the ability to remove it from the trademark register. You can file a renewal application with a late fee six months after the mark expires if you miss the time limit for filing the request.

When it comes to the matter of renewing a trademark, you have two choices:

  • Renew the trademark in its current form, or 
  • Renew the trademark as is or with amendments

Things You Should Know About Trademark Renewal

  • Individuals and corporations must complete and file Form TM-12 to apply for trademark renewal.
  • The renewal request can be filed by registered TM holders or an agent authorised by them to act on their behalf.
  • Individuals should seek expert assistance when renewing a Trademark application to ensure that the procedure runs smoothly and without any glitches or delays. Even little mistakes during the operation might result in severe security gaps and other issues. As a result, legal counsel is recommended to guarantee that your trademark is secure and well-protected.
  • A TM renewal application expands the lifespan of the trademark for another ten years, and businesses must file for renewal before this time expires in order to maintain protection.
  • Users must verify the status of their TM renewal application until the Registrar has completed its processing. The applicant may be required to do many time-bound activities and answers during the procedure. As a result, companies must continue to monitor the status of their application and take appropriate action as needed.

Step By Step Procedure Of Trademark Renewal

  • Trademark renewal can be done with or without making modifications to the current trademark registration.
  • Form TM-R is used to submit a trademark renewal application.
  • The trademark owner or an agent who has been authorised to handle the trademark renewal application can file the application.
  • Your trademark will be valid for another ten years after you submit the renewal application.
  • Additionally, once the application has been submitted, the applicant can monitor the progress of their application online.
  • You should be able to discover your TM in the Trademark Journal once it has been authorised. 
  • To guarantee that the entire procedure runs properly, begin this step at least three months before your trademark expires.
  • Form-18 and the required payments are required for renewal.
  • If your trademark has expired, you can renew it within one year after its expiration date under Section 25(4) of the Trademark Act of 1999.
  • During this time, the Registrar must ensure that no other firm or entity has begun using an equivalent trademark. The trademark can only be renewed if there are no objections.

Documents/ Essentials Needed For Trademark Renewal in India

  • A copy of the trademark registration certificate.
  • Power of attorney to represent the applicant.
  • Photo Id and residence proof of the applicant.

Copy of application form of Trademark Registration.

Renewal Of Trademark Registration

It is possible that a person will neglect to renew their TM within the specified time frame. There is still a solution accessible in such situations. If a TM is not renewed, it might be tried to be restored. The Trademark Act of 1999 states that for trademark restoration under Section 25 (4), which allows anyone to apply for trademark restoration. Only one year after the registered trademark has expired may it be renewed.

 

Conclusion

The trademark registration in India is valid for 10 years and must be renewed afterwards. In India, trademark renewal is subject to the fundamental requirement that it be requested within six months of the expiration date. This is a usual procedure; the registrar's office informs the trademark owner that the registration of the trademark must be updated within six months of the expiration date to avoid the unnecessary complications connected with the late filing of the trademark renewal application. Online Legal India and its specialists will walk you through the entire procedure and make it as simple as possible.



 


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