Request Callback
Trademark Renewal: Importance and Process
In today’s competitive market, a trademark helps set your brand apart, ensuring its unique identity. Once your trademark is registered, it’s essential to remain proactive about maintaining its validity and protection. This is where trademark renewal becomes critical. By renewing your trademark within the designated time frames, you can preserve your brand’s exclusivity and maintain its legal standing.
Understanding the significance of trademark renewal is crucial for both established entrepreneurs and new business owners. It ensures that your brand remains protected and continues to thrive in the marketplace.
What is a Trademark?
A trademark represents a distinctive logo, word, phrase, design, or a combination of these that identifies the origin of goods or services from a particular individual or company. Trademarks are key assets, allowing consumers to recognize and associate products or services with a specific brand.
Trademark Renewal Overview
Trademark owners have the privilege of renewing their trademark every ten years. Before the expiration, the Registrar offers a six-month grace period, allowing you to renew your trademark and preserve its protection. If renewal is missed, the Registrar will publish the trademark’s removal in the Trademark Journal.
Trademark Renewal Provisions (Section 25)
According to the Trade Marks Act of 1999, a registered trademark can be renewed for another decade from its expiration date or most recent renewal. The process includes submitting a formal application along with the applicable fee, after which the Registrar will extend the trademark’s registration for ten more years.
Consequences of Non-Renewal (Section 25)
| Situation | Action |
|---|---|
| Before expiration | Registrar notifies the owner about the impending expiration and renewal terms. |
| After expiration (within 6 months grace period) | Trademark can still be renewed by paying an additional surcharge. |
| Beyond 6 months grace period | Trademark will be removed from the register but can be reinstated within a year. |
If a trademark is removed from the register for non-renewal, reinstatement is possible within one year by submitting a request and paying the necessary fee.
Benefits of Trademark Renewal
There are two methods to renew your trademark:
- With Alterations: You can update specific aspects of the trademark, such as a logo or wording.
- Without Alterations: The trademark remains the same, extending the validity of the current design or text.
Trademark Restoration After Lapse
The trademark renewal application should be filed before the expiration of the registration. You can file up to a year in advance, but it’s crucial to submit it six months before expiration.
| Scenario | Action | Additional Fee |
|---|---|---|
| Before expiration | Submit renewal application | None |
| Within 6 months post expiration | Submit renewal application with surcharge | Yes |
| Beyond 6 months post expiration | Trademark will be removed but can be reinstated | Yes |
Documents Required for Trademark Renewal
When renewing a trademark, the following documents need to be submitted:
| Document | Details |
|---|---|
| Certified Copy of Registration Certificate | Proof of original trademark registration. |
| Certified Copy of TM-A Form | Form used during initial registration. |
| Identification Proof | Proof of identity of the applicant. |
| Residence Proof | Proof of address of the applicant. |
| Power of Attorney | If someone is filing on behalf of the trademark holder. |
Trademark Renewal Procedure in India
The trademark renewal process in India involves several steps to ensure that your trademark remains protected:
| Step | Description |
|---|---|
| Step 1: Submit the Application | Submit Form TM-R with trademark registration number, current status, and contact details. |
| Step 2: Scrutiny and Review | The Trademark Registry reviews the application for eligibility. Any discrepancies will require a response. |
| Step 3: Trademark Journal Publication | Once the application is accepted, the trademark is published in the Trademark Journal for 4 months for objections. |
| Step 4: Issuance of Renewal Certificate | After addressing any objections, the Trademark Registry grants the renewal certificate. |
Streamline Trademark Renewal with Bharat United Startups
Bharat United Startups offers comprehensive services for trademark renewal, ensuring a seamless and efficient process. Here’s how we assist:
- Expert Handling: Our team collects all the required details and initiates the renewal process for you.
- Accurate Application: We prepare the renewal application while ensuring it adheres to all legal requirements.
- Timely Submission: We handle the submission to the Registrar, ensuring prompt and accurate delivery.
Trust Bharat United Startups to manage your trademark renewal process with expertise, guaranteeing continuous protection for your brand.
Related Guides
- Alteration to Registered Trademark
- Trademark vs. Copyright vs. Patent
- Trademark and Patent Under Startup in India
- Types of Trademark Registrations
Trademark vs. Copyright vs. Patent Comparison
| Aspect | Trademark | Patent | Copyright |
|---|---|---|---|
| What’s Protected | Word, phrase, symbol, or design that distinguishes goods or services. | Inventions, processes, machines, and improvements to them. | Original works of authorship, like books, music, and films. |
| Requirements | Must be distinctive and identify the source of goods/services. | Must be new, valuable, and inventive. | Must be original and created in a tangible medium. |
| Term of Protection | As long as the mark is used in commerce. | 20 years | Author’s lifetime + 70 years. |
| Rights Granted | Exclusive use of the mark, preventing others from using confusingly similar marks. | Right to prevent others from making, using, or selling the patented invention. | Control over reproduction, distribution, performance, and display of the work. |
By incorporating these tools and steps, your trademark renewal process will be smooth and compliant with legal requirements.
Why Choose Bharat United Startups?
At Bharat United Startups, we:
- Offer end-to-end guidance on Udyam Registration.
- Handle all complexities, saving you time and effort.
- Ensure compliance with updated MSME regulations.
- Provide ongoing support for accessing government benefits post-registration.
Empower your business today with our expert assistance.
Ready to begin? Contact Bharat United Startups and take your first step toward growth and success.
Get the complete package, Startup Registration Basic
How Bharat United Startups Helps
At Bharat United Startups, we streamline the Trademark Renewal process. Our experts guide you through every step, from incorporating your business to obtaining FSSAI Licenses. Here’s how it works:
Join the Startup Revolution
Partner with Bharat United Startups to register your startup effortlessly. Take the first step toward success by leveraging the benefits of Trademark Renewal. Contact us today to get started and transform your entrepreneurial vision into reality!
Related Services
- Private Limited Company Registration
- LLP Registration in India
- Startup India Registration
- Company Registration in Dubai
Frequently Asked Questions (FAQs) on Trademark Renewal
1. What is Trademark Renewal?
Trademark Renewal is the process of extending the legal protection of a registered trademark beyond its initial validity period of 10 years.
2. Why is Trademark Renewal important?
Renewal ensures your trademark rights remain active, preventing others from using, copying, or misusing your brand name, logo, or slogan.
3. When should I apply for Trademark Renewal?
You should apply for renewal within 6 months before the expiry date of your trademark registration to avoid penalties or removal.
4. What happens if I miss the Trademark Renewal deadline?
If renewal is not filed, your trademark may be removed from the register, but you can apply for restoration within 1 year with an additional fee.
5. How long is a Trademark Renewal valid in India?
A renewed trademark remains valid for 10 years and can be renewed indefinitely every 10 years.
6. What is the cost of Trademark Renewal in India?
Trademark renewal fees vary depending on whether you apply online or offline, but typically range from ₹9,000 to ₹10,000 per class (subject to government updates).
7. Can I renew a trademark after its expiry?
Yes, expired trademarks can be restored within 1 year from the date of expiry by paying additional government fees.
8. What documents are required for Trademark Renewal?
Documents required include the Trademark Registration Certificate, Power of Attorney (if using an agent), and ID proof of the owner.
9. Who can apply for Trademark Renewal?
The registered trademark owner or their authorized agent/attorney can apply for trademark renewal.
10. Can I renew my trademark online?
Yes, you can easily renew your trademark online through the IP India portal or via professional consultants like Bharat United Startups.
Request a Quote Today
The document title is Trademark Renewal. This formal document oversees the process of renewing trademarks. It is important to adhere to the guidelines outlined in the Trademark Renewal document to ensure timely and accurate renewal of trademarks. Failure to comply with the requirements may result in the loss of trademark rights.