Trademark Objection
Advice on the procedure of obtaining a Trademark Registration in India.
Information, search, and filing of an application for Trademark Registration in India
Collection of the necessary documents and filing of documents along with the application.
Guidance on compliance related to Trademark Registration in India.
How to Start a Trademark Renewal
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Overview
Trademark registrations are valid for 10 years and can be renewed indefinitely. The renewal process can begin up to 6 months before the expiration date. If you miss this window, a notice will be sent to your registered address as a reminder. Should the renewal still not be filed, the Registrar may announce its intention to remove the trademark in the Trade Marks Journal, typically 12 months after the expiry. However, you can still renew the trademark through a process called “restoration,” which requires the payment of a fine. Trademarks serve as identifiers, distinguishing the goods or services of one business from another. A trademark cannot be registered if it is deemed offensive, lacks distinctiveness, or includes government emblems.
Documents Required for Trademark Renewal:
A copy of the Trademark registration certificate.
Power of attorney to represent the applicant.
Photo Id and address proof of the applicant.
Copy of Application form of Trademark registration.
Checklist for Trademark Renewal:
The existence of a registered trademark owned by the proprietor is subject to renewal to maintain its validity.
The intent for commercial use must be evaluated to determine eligibility.
Ensure there is no similar trademark by conducting a thorough search in the reputable and licensed trademark database.
In the event of a trademark conflict, it is advisable to seek legal counsel to identify a feasible solution.
Obtain and complete the renewal application, ensuring compliance with all applicable conditions.
Procedure for Trademark Renewal in India:
The Trademark Renewal in India can be done in the following two ways:
Application for the Renewal of Trademark in India without any change;
Application for the Renewal of Trademark in India with a change in sign or words in the already existing registered Trademark.
The Procedure for Trademark Renewal in India is as follows:
Step1: Filing of Application: The application for Trademark Renewal in India must be submitted using Form TM-12. It can be filed by the owner of the registered trademark or an authorized agent acting on their behalf. Seeking assistance from a professional is highly recommended when filing the renewal application. Professional guidance ensures that the trademark is properly protected and all legal requirements are met.
Step2: Status Check of Application: After submitting the application for Trademark Renewal, it is crucial to regularly monitor the status of the application until it is processed by the Registrar of Trademarks. The renewal process in India often requires the applicant to provide timely responses or take specific actions within prescribed deadlines to ensure smooth processing.
Step3: Advertisement in Trademark Journal: The Trademark Journal is the official gazette of the Trademarks Registry, providing updates on whether an application for trademark registration has been accepted or rejected by the Registry. If the Registrar deems the application acceptable, the trademark is officially advertised in the Trademark Journal. This advertisement allows third parties to oppose the trademark registration if they have valid objections. However, the Trademark Opposition process is not applicable when renewing an already registered and existing trademark in India.
Benefits of Trademark Renewal in India
The following are the advantages of incorporating a Section 8 company over other modes of registering an NGO:
Brand Name Security:
Trademark renewal in India ensures continuous and uninterrupted protection of the brand name from competitors. Failure to renew the trademark within the prescribed time frame can result in the loss of legal protection for the brand name.
Protection from Frivolous Litigation:
Timely trademark renewal in India helps prevent frivolous litigation against the authorized trademark owner. It ensures that no one other than the authorized owner can claim rights to the trademark.
Ownership Rights Extension:
Trademark renewal extends the exclusive rights of the trademark owner for another 10 years, providing continued protection from infringement and ensuring ownership rights are upheld.
Monetary Returns:
The owner of a registered trademark in India has the exclusive rights to assign or license the trademark to others for monetary compensation. This allows the owner to generate revenue through assignments or licensing agreements.
Legal Protection:
If your registered trademark is infringed upon, you can easily assert your rights in court, benefiting from legal protection to safeguard your intellectual property.
Business Opportunity:
A trademark is a valuable intangible asset that can generate significant income, especially if the brand becomes successful. Companies can earn substantial royalties through licensing agreements or by transferring ownership to interested parties.
Unique Identity:
Registering a trademark helps customers identify your products or services with your brand. The law prevents others from registering similar words or slogans, ensuring that your brand maintains its unique identity.
How Legal Tax Helps With the Trademark Renewal Process:
- Requirement:
Once you provide your details, a representative will contact you to understand your requirements, explain the process, and inform you about the associated charges. The charges vary depending on whether you need a trademark renewal or restoration. The government fee for renewal is Rs. 9000, while restoration costs Rs. 18000. - Application for Renewal:
Our lawyers will begin working on your trademark renewal application and prepare the necessary documents. Either Form-10 or Form-12 will need to be filed with the Registrar, along with the applicable renewal fees. -
Confirmation:
We will keep you informed about the status of your application. Within four to five months, you will receive confirmation that your trademark has been successfully renewed for another 10 years.
Why to Choose Legal Tax Over Any Other Organization:
By managing all the paperwork, we ensure a smooth and efficient interaction with the government. We provide clear guidance on the process, setting realistic expectations for incorporation.
With a highly skilled and experienced team of business advisors and legal professionals, you are just a phone call away from receiving top-tier legal services.
FAQ’s
Trademark registrations are valid for 10 years and can be renewed indefinitely. The Registrar allows a broad window for renewal, starting 6 months before the expiration date. Even if you forget, a notice will be sent to your registered address prior to the expiry. If you still don’t file for renewal, the Registrar may announce its intention to remove the trademark in the Trade Marks Journal, typically 12 months after expiry. However, the trademark can be renewed by paying a fine through a process called “restoration.” A trademark serves as a distinguishing factor between goods or services of different businesses. A registered trademark cannot be registered if it is offensive, lacks distinctiveness, or contains government emblems.
Trademark registration is valid for 10 years, and it is essential to renew it within this period. Renewal can be initiated starting 6 months before the expiration date. A notice will be sent to remind you of the renewal before the expiry. If renewal is still not filed, the Registrar may remove the trademark from the Trademarks Journal, though this typically occurs only 12 months after the expiration date. Between 6 and 12 months after the expiry, the trademark can be renewed by paying a fine through a process called “restoration.”
A copy of the Trademark registration certificate.
Power of attorney to represent the applicant.
Photo Id and address proof of the applicant.
Copy of Application form of Trademark registration.
The procedure for Trademark Renewal in India involves the following steps:
- Eligibility Check: Ensure that your trademark is eligible for renewal. It should be within the renewal window (6 months before the expiry date) or within 12 months after the expiry with payment of a fine.
- Preparation of Documents: Gather the necessary documents, including Form TM-12 (for renewal) and any supporting documents related to the trademark.
- Filing the Application: The trademark renewal application is filed with the Registrar of Trademarks using Form TM-12. The application can be filed online or physically at the Registrar’s office. It is important to include the correct renewal fee.
- Payment of Fees: Pay the applicable renewal fees. The government fee for renewal is typically Rs. 9000, and for restoration (after 12 months of expiry), it is Rs. 18,000.
- Examination by the Registrar: After submission, the Registrar examines the application to ensure compliance with the requirements. If everything is in order, the trademark will be renewed.
- Publication in the Trademark Journal: Once the trademark is renewed, the renewal is published in the Trademark Journal for public records.
- Confirmation: After successful renewal, the applicant will receive a confirmation from the Registrar, stating that the trademark is renewed for another 10 years.
- Regular Monitoring: Continue to monitor the status of your trademark renewal to ensure timely action and avoid any legal complications.
Brand Name Security:
Trademark renewal in India ensures continuous and uninterrupted protection of the brand name from competitors. Failure to renew the trademark within the prescribed time frame can result in the loss of legal protection for the brand name.
Protection from Frivolous Litigation:
Timely trademark renewal in India helps prevent frivolous litigation against the authorized trademark owner. It ensures that no one other than the authorized owner can claim rights to the trademark.
Ownership Rights Extension:
Trademark renewal extends the exclusive rights of the trademark owner for another 10 years, providing continued protection from infringement and ensuring ownership rights are upheld.
Monetary Returns:
The owner of a registered trademark in India has the exclusive rights to assign or license the trademark to others for monetary compensation. This allows the owner to generate revenue through assignments or licensing agreements.
Legal Protection:
If your registered trademark is infringed upon, you can easily assert your rights in court, benefiting from legal protection to safeguard your intellectual property.
Business Opportunity:
A trademark is a valuable intangible asset that can generate significant income, especially if the brand becomes successful. Companies can earn substantial royalties through licensing agreements or by transferring ownership to interested parties.
Unique Identity:
Registering a trademark helps customers identify your products or services with your brand. The law prevents others from registering similar words or slogans, ensuring that your brand maintains its unique identity.
Once you provide your details, a representative will contact you to understand your requirements, explain the process, and inform you about the associated charges. The charges vary depending on whether you need a trademark renewal or restoration. The government fee for renewal is Rs. 9000, while restoration costs Rs. 18000.
Our lawyers will begin working on your trademark renewal application and prepare the necessary documents. Either Form-10 or Form-12 will need to be filed with the Registrar, along with the applicable renewal fees.
We will keep you informed about the status of your application. Within four to five months, you will receive confirmation that your trademark has been successfully renewed for another 10 years.
By managing all the paperwork, we ensure a smooth and efficient interaction with the government, eliminating any potential complications. We offer clear guidance on the process, setting realistic expectations for incorporation.
With a highly experienced team of business advisors and legal professionals, you are just a phone call away from receiving top-notch legal services.
It will be filed on the same day.
There is no way to restore the trademark once it has been abandoned; the only way to reinstate the trademark rights is by the way of filing a new trademark application.
If you miss the trademark renewal deadline but have not exceeded 6 months from the actual expiry date, you can still file for trademark renewal by paying the late fee. However, if you miss the deadline and the 6-month grace period has passed, your trademark will be considered abandoned, and it cannot be restored.
A trademark registration can be restored after six months and within one year from the date of expiration of the last registration of the mark.
As per the Trademark Rules 2002 (Rules 63 and 64), the renewal can also be filed up to six months before the expiry date.
Additionally, the renewal can be filed within six months after the expiry date, though this may incur a late fee.
Trademark renewal applications should be made six months before the expiry date of the registration. An application is to be made with the payment of fees.
The trademark registration helps an individual obtain exclusive rights for the use of words or symbols. Whereas the Trade renewal helps in continuing the ownership and use of the trademark.
Trademark registration is valid for 10 years, the processes of renewal begins after the period of expiry.
In case if the trademark registration is not renewed the trademark would be removed from the register and any other person claim and get it registered to their name.
Renewing a trademark does not create any changes in the rights of the trademark owner. As long as the trademark is valid the trademark holder can enjoy all the rights that he or she has acquired while registering.
In return for some monetary compensation, a trademark owner has the proprietary rights, to license, or assigns the mark the registered Trademark to someone else. As result of this, one can profit from a trademark that is registered as well.
The proprietor must apply for trademark renewal before the Registrar of Trademarks using the prescribed form TM-R. The application must be submitted on or before six months from the trademark registration’s expiration date.
Yes, the Trademark must be publicized in the Trademark Journal if the Trademark Examiner administers that the application is suitable.
Restoration can be done if you don’t apply for the renewal of the Trademark within six months after the expiry date. You can apply for ‘restoration’ by submitting an application and paying the prescribed fee Under Section 25(4) of the Trademark Act, 1999.
Yes. Legal Tax suggests that you should contact a trademark advisor to understand the requirement in detail for Trademark Renewal.
Yes, the Trademark Act is considerate of the concerns of the proprietor. After the expiration of the trademark registration, the Act provides an opportunity to renew the trademark within six months by filing the prescribed form TM-10 and paying the additional charges.