Trademark Renewal
Trademark renewal protects the rights available to a registered mark. In case the possessor fails to renew the trademark, then he shall lose all the protection that comes along with registration. Trademark is granted for a period of 10 years, after which it is essential to get it renewed.
Benefits of Trademark Renewal
- Legal protection
- Business opportunity
- Unique identity
Trademark Renewal Overview
Trademark renewal protects the rights available to a registered mark. In case the possessor fails to renew the trademark, then he shall lose all the protection that comes along with registration.Trademark is granted for a period of 10 years, after which it is essential to get it renewed. An application for trademark renewal is made on the form TM-R and it must be filed at any time not more than 6 months prior to the expiry of the last registration of the trademark. A trademark can be renewed as it is or even be renewed with changes and alterations. After the application is approved, the trademark is published in the Official Gazette of the Trademark Journal. After publication, the trademark has protection for another 10 years.
CHECKLIST FOR TRADEMARK RENEWAL
- Pre-existing registered trademark, possessed by the proprietor is subject to renewal.
- The intent for commercial use should be analyzed
- Make sure that the trademark is unique , by executing a trademark search and licensed trademark database.
- If case of a conflict of trademark it is advisable to get a legal opinion
- Prepare an application for renewal and comply with appropriate conditions.
How to Renew a Trademark?
The procedure is as follows-
- An application for renewal is made .
- The application can be filed by either the registered owner or an agent authorized by him.
- Filing a renewal application, renews it for another 10 years.
- After filing the Renewal application, check the status of your application frequently until processed by the registrar
- Form-18 is used to file the application
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Frequently Asked Question
Trademark renewal simply entitles the company or the enterprise to all its rights by extending it for the mentioned period of time
The amount paid for renewal of trademark is ₹9000 per class within 1 year to expiration of the trademark
If we deny trademark renewal we lose our rights for our claim towards the trademark
After every 10- year period of succession from the date of trademark registration. It is advisable to renew it one year before the expiration of the trademark.
If the deadline is exceeded less than 6 months the it can be refilled within grace period USTPO
Trademark unlike patents does not expire and will persist until the company exists or the owner wished to use it
The following documents are attested-
- ID and address proof of the applicant
- Registration certificate (copy)
- Power of attorney ( for authorized agent or representative)
- TM-A form (copy)
Trademark can be maintained by five factors-
- Proof of renewal of basic registration
- Affidavit of use
- Tax
- Renewal
- Cautionary notice
Trademark can be renewed after successive ten years for indefinite period of time