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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.

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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.

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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.

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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.

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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.

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Benefits of Trademark Renewal

Renewing your trademark provides multiple advantages:

• Legal Protection: It maintains your legal rights over the trademark.
• Prevents Infringement: It helps in protecting your brand against unauthorized use.
• Transferability: Renewed trademarks can be transferred to other parties.
• Licensing Opportunities: You can license your trademark, enhancing its commercial value.
• Maintains Brand Exclusivity: Renewal ensures your brand’s identity remains unique.

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How to Renew Your Trademark

There are two methods to renew your trademark:

1. With Alterations: You can update specific aspects of the trademark, such as a logo or wording.
2. Without Alterations: The trademark remains the same, extending the validity of the current design or text.

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Trademark Restoration After Lapse

If a trademark lapses after ten years, it can still be restored by following the renewal procedure and paying an additional penalty for exceeding the expiration date.

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Trademark Renewal Filing Deadline

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

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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.

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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.

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Streamline Trademark Renewal with IndiaFilings

IndiaFilings 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 IndiaFilings to manage your trademark renewal process with expertise, guaranteeing continuous protection for your brand.

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Related Guides

• Alteration to Registered Trademark
• Trademark vs. Copyright vs. Patent
• Trademark and Patent Under Startup in India
• Types of Trademark Registrations

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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.

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By incorporating these tools and steps, your trademark renewal process will be smooth and compliant with legal requirements.

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