Procedure of Trademark Renewal In india

Trademark Renewal in India- Benefits and Procedure

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

A trademark is used by a business owner to distinguish his or her products and services from similar items and services offered by other businesses.The symbols, logos, labels and names of a trademark are denoted with “ ™, or R at the end. You can apply for the trademark registration as per the Trade Marks Act, 1999. Your trademark will not be registered if it is found objectionable, duplicate, and includes a government emblem. 

Any trademark in India is valid for a period of 10 years from the date of registration under section 25 in the Trade Marks Act, 1991. The Government of India declared new Trade Mark Rules, 2017, to simplify the application procedure, create a benchmark for filing application for trademark, promote e-filing and streamline the registration procedure.

When the validity of trademark registration is over you can renew it for another 10 years submitting proper documentation and fulfilling the required criteria. Let us discuss the process and benefits of trademark renewal in this blog.

 

Trademark renewal process in India

The renewal of Trademark in India can be done in two ways

a) You can apply for renewal of trademark online, with the choice to modify any words or signs in your existing trademark, or

b) You can apply for trademark renewal without making any changes in the present trademark. 

 

Steps to renew your trademark in India

 

Step 1. If you are a registered owner, you must fill the form TM-R  to apply for your trademark renewal 

Step 2. The application can be filled either by you or your authorised agent

Step 3. You need to submit the form TM-18, along with an affidavit to show the proof you statement 

Step 4. You can pay the trademark renewal fees online or offline. The fees may vary depending on the different factors as it is not the same everywhere

Step 5. After the successful payment, the application will be verified to ensure that all the given information and required documents are correct and valid 

 

Step 6. If the trademark registrar is satisfied and has no objection regarding the application, he will issue a certificate of renewal in the name of the trademark owner.

 

Step 7. After that, the renewal will be duly recorded in the trademark journal. 

 

What are the advantages of Trademark renewal in India?

 

The advantages of trademark renewal in India are as follows:

 

1. Protection against unnecessary legal action

If the authorised owners of the trademark renew their trademark from time to time, they will be saved from unnecessary litigation. If any person gets his trademark renewed on time then it is impossible for anyone to claim the right on the trademark other than the authorised owner of the trademark.

2. Safety to the brand name

The trademark renewal in India will help you in obtaining continuous and abandoned protection for your brand name from the other competitors in the market. If you fail to apply for the renewal of your trademark on time, you will not receive any legal protection for your brand name.   

3. Extension of ownership right

The main purpose of registering a trademark for a business is to have exclusive control over one's brand identity. With each trademark renewal, the exclusive right to a trademark is extended for an additional ten years. By extending trademark registration, you remain protected against any infringement on the identity of your brand. Furthermore, the goodwill that your brand name accumulated over time is preserved.

4. Attract top talent

When you renew your trademark, it keeps spreading your organisation's vision, image, and distinctive qualities for an extended period of time. Naturally, bright young minds want to be associated with such prestigious brands. Furthermore, if your organisation has a positive brand image, talented human resources will be more inclined to work for you. In some ways, renewing your trademark on a regular basis will ultimately reduce the cost of sourcing and retaining quality labour.

5. Monetary compensation

The owner of a registered Trademark in India has the exclusive right to assign or licence the Trademark to another person. A Trademark assignment and licence are given to someone else in exchange for monetary compensation to the authorised owner of the registered Trademark. As a result, the owner can profit from the registered Trademark in India.

 

Conclusion 

Complete the whole trademark renewal process in just some simple steps with Online Legal India. With the assistance of our experts and our super-fast online platform, you can easily upload all of the required documents, pay the trademark renewal fees through our secure portal, and have your trademark renewed within a few days.

 


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