Trademark Renewal

Understanding Trademark Renewal: An In-Depth Guide

Trademark renewal is crucial for maintaining a registered trademark’s validity, with initial validity of 10 years and perpetual renewal. It’s essential to initiate renewal six months before expiration to ensure uninterrupted protection. Inadvertently missed deadlines are reminded to registered addresses.

If renewal application is not submitted within timeframe, registrar may withdraw trademark within a year. Restoration options exist within timeframe, even after expiration, through a process called restoration.

Trademark renewal duration and guidelines.

2017 Trade Mark Rules outline guidelines for trademark renewals under Rules 57 and 58

Early Renewal

Trademark renewal process initiated one year before expiration date.

Grace Period Renewal

In line with Rules 63 and 64 of the Registered Trademark Rules of 2002, Renewal applications must be submitted within six months of trademark expiration.

Late Renewal

Renewal applications can be submitted six months after expiration, with additional charges.

Non-renewal of a trademark within six months leads to removal.

Understanding Trademark Objections :

Addressing Common Issues

In the trademark registration process, trademark objections can arise for a number of reasons, incorrect registration forms, incorrect names/information, use of misleading or offensive terms, incomplete information about goods or services or the existence of a similar trademark.
Once an objection is raised, the status on the register will display as Objected. In response, a meticulously crafted objection response must be filed, supported by relevant documents and proofs. This response is a critical opportunity to strengthen your claim over the trademark and create a sense of urgency.
If the response is accepted, your application will progress to trademark registration and will be promoted to a brands magazine. However, if the response is not accepted, or if the examiner insists trademark processing can be ordered for further clarification and you will be notified a advertising
The whole process usually takes 2- months from the initial objection. When finished Chances of approval are greatly improved, although approval is not guaranteed. Correctly handled objections are key to the success of your trademark registration.

Essential Forms and Process for Trademark Renewal in India

Renewing a trademark in India requires a well-defined process, submitting required forms and fees, to ensure legal protection and adherence to required steps.

Forms Required for Trademark Renewal

Notice from the Registrar of Trademarks: The Department of the Registrar of Trademarks sends a formal notice six months before the renewal deadline, reminding and calling for the owner to initiate the renewal process.
Trademark Renewal Application: TA trademark owner or authorized user must submit a renewal application to extend the trademark's validity, ensuring accurate completion and submission within the specified time frame..

Renewal Deadline and Restoration

Failure to renew a trademark within the required timeframe can result in its removal from the Register of Trademarks. However, restoration can reinstate the trademark by submitting a restoration application and fees.
Trademark restoration can be reinstated after six months from registration expiration, but not later than one year. This allows owners to rectify oversight and restore legal protection.

Eligibility for Trademark Renewals and Restoration

Both registered and authorized users can submit trademark renewal or restoration requests, ensuring flexibility and legal protection for trademark validity and protection. Maintaining legal protection of your trademark in India requires adhering to specific renewal and restoration processes. Timely application submission and awareness of restoration opportunities ensure market safeguarding of your valuable trademark.

Form type

Purpose of the Form

Cost(physical filing)

Cost(e- filing)

TM-R

Form to be completed by the trademark owner when requesting to renew their registration

₹10,000

₹9000

Application for trademark registration renewal with a surcharge

₹5000 + Renewal fee

₹4500 + Renewal fee

TM-18

Supporting affidavit for the case statement

Essential Steps in the Trademark Renewal Process

Trademark Search

Conduct thorough trademark search before renewal to avoid identical marks.

Application Submission

TRenewal application submitted six months before expiration, via Trademark Office or online.

Application Review

Trademark Office ensures accuracy and completeness of renewal applications.

Publication in Trademark Journal

Trademark published in Trademark Journal after review.

Opposition Period:

Four-month window for third parties to oppose renewal.

Renewal Certificate:

Trademark Office issues renewal certificate if no opposition or resolved favorably.

Payment of Fees:

Final stage involves fee payment for renewal process at Trademark Office or website.

Advantages of Trademark Renewal

Legal Protection

Registered trademark provides legal protection and court rights.

Business Asset

Trademarks can be valuable assets, enhancing business potential

Distinct Identity

Trademark renewal ensures brand uniqueness and identity in market.

Why Choose Fincto for Trademark Renewal

Expert Guidance

Fincto provides expert trademark renewal guidance.

Secure Online Platform

Secure online platform for document submission, tracking..

Efficient Documentation:

Simplified documentation process ensures accuracy and efficiency.

Transparent Communication

Support team prioritizes transparent, responsive communication.

Renewing a trademark is crucial for legal protection and brand identity, with Fincto as a trusted partner.

Why Choose Fincto?

Fincto provides a streamlined, completely online solution for private limited company registration, which includes:

DIN and DSC for two Directors
Drafting of MoA & AoA
Registration fees and stamp duty
Incorporation certificate (COI)
Company PAN and TAN
Zero balance current account
GST Registration
EPF & ESIC Registration

Trust Fincto to simplify your business formation process, enabling a seamless transition from idea to a legally recognized entity. Get ready for a well-informed, growth-oriented entrepreneurial journey with Fincto.

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