Trademark renewal online in India

Understanding the in and outs of Trademark Renewal in India

Online Legal India LogoBy Online Legal India Published On 08 Aug 2022 Updated On 17 Jan 2023 Category Trademark

With the registration of a trademark, a company is able to establish its brand name, which serves as the basis for selling goods and services. Considering that potential clients use the brand to distinguish one company from another. Trademark registration in India grants the corporation the rights to these brand names and goodwill. However, such TM Registration must be issued and remain in effect for a set period of time. The procedure for trademark renewal, its requirements, and the TM renewal period in India are covered in this blog.

What is Trademark Renewal in India?

The trademark registration in India is valid for ten years and needs to be renewed after that. The basic requirement for trademark renewal in India is that the application for renewal must be submitted within six months of the expiration date.

It is standard procedure for the registrar's office to inform the trademark owner that the registration must be updated within six months of the expiration date in order to prevent the owner from the unnecessary hassles associated with submitting the renewal application for the trademark after the deadline.

How to get the trademark renewal online in India?

The trademark renewal can be performed in two ways: 

  • You can apply for trademark renewal online in India, with the option to change any words or sign in your existing trademark, or
  • Further, you can apply for online trademark renewal, without modifying any change to the existing trademark.

Step-by-step process to get trademark renewal online 

Step 1. 

If you are a registered owner, you must submit the form TM-R in order to apply for trademark renewal. 

Step 2.

A renewal application can either be submitted by the registered proprietor or by an authorised agent of the proprietor.

Step 3. 

You must submit the form TM-18 and an affidavit in support of your statement.

Step 4.

You have to make the payment for trademark renewal. However, applying for trademark renewal online includes a nominal fee. 

Step 5. 

After making the payment, the application will be carefully verified to make sure the provided information and documents are accurate and valid.

Step 6.

If a trademark application has been submitted and the trademark examiner finds it to be legitimate, the trademark will be published in the Trademark Journal.

The Detailed Facts About Trademark renewal in India

  • According to Section 25 of the Trademarks Act of 1999, trademarks are first registered for a duration of 10 years, after which they must be renewed.
  • Additionally, in accordance with Rules 57 and 58 of The Trademark Rules of 2017, a renewal application for a trademark must be submitted within a year of the registered trademark's expiration date.
  • Additionally, if the deadline for trademark renewal is missed, the renewal may still be filed within 6 months of the expiration date with a late filing charge.

The owner of a registered trademark typically receives a notification from the trademark registrar's office before the registration expires, notifying him of the impending expiration and the requirements for the payment of renewal costs. Similarly, the registrar is free to withdraw the trademark from the official trademark register if the owner fails to acquire the renewal before the expiry.

Benefits of Trademark Renewal online in India 

The benefits of online trademark renewal in India are as follows:

1. Ownership right Extention

The entire purpose of trademark registration for a company is to assert exclusivity over one's brand identification. With each renewal of a trademark, the exclusive right to use it is increased by ten years. 

Further, by extending trademark registration, you are safeguarded against any infringement on the reputation of your company. Moreover, the goodwill that your brand name has accrued through the years is also protected.

2. Safeguard against litigation

With every trademark renewal, you continue to get constant defence from pointless lawsuits. Furthermore, if you renew your trademark on time, no one else or company will be able to use it without your permission. As long as your trademark is still registered in your name, you may also bring legal action against other people or companies who are using it without your permission.

3. Ability to attract talent 

When you renew your trademark, it spreads your company's mission, identity, and distinctive qualities over an extended period of time. Young people with talent naturally want to be connected with such reputable companies. 

Further, talented human resources will be more likely to work for your company if you have a positive brand image. In a way, consistently renewing your trademark will ultimately cut down on the expense of finding and keeping qualified employees.

4. Security to your brand name

Trademark renewal in India ensures continuous and uninterrupted protection of your brand name and thus provides security. Failure to renew and disappointment result in the loss of brand name legal protection.

Conclusion

Apply for online trademark renewal with Online Legal India, and complete the process of renewal in just a few steps. With the assistance of our professionals and our super-fast online platform, you can easily upload all the required paperwork, pay the renewal fees via our secure channel, and have your trademark renewed in just a few days.

 


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