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Trademark Renewal Online – Renew Your Trademark Registration

Do not allow your brand to be unprotected due to delays in the trademark renewal process, as Brandregistration.co.in provides timely support to renew your trademark. We check date of expiration, prepare the renewal application, and file it in the Trade Marks Registry. Our trademark renewal online service allows you to maintain your brand rights without any unnecessary delay.

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Introduction

If your trademark is registered, it will keep your brand protected however, renewal must take place for that protection to last forever. In India, a trademark registration usually lasts for ten years, but it can be renewed for the next period of ten years if all actions and procedures are observed.

In case your Trademark Registration is about to expire, you should engage in the trademark renewal process as soon as possible rather than thinking about it just before the expiration date. Proper timing for renewal will help you keep your registered trademark alive and avoid unwanted expenses and procedures related to the restoration of the trademark.

What is Trademark Renewal?

Trademark registration renewal refers to your action of renewing your registration of the trademark for the next period of 10 years. To begin the process of renewal, you will need to complete a TM-R Form and pay a specific government fee.

The renewal of your trademark is essential for ensuring the validity of your registration, and hence getting the privileges and rights associated with it. You also have to check if there are some modification in owner information or other data that need to be updated.

Why Is Trademark Renewal Important?

With registered trademark renewal, you can carry on with your brand protection without the hassle of going through the process of registration again. Moreover, it protects your registered trademark and keeps it intact on the register.

In case the trademark registration expires, the Registrar may remove your trademark from the register after a certain period. Following this, you may need to follow the restoration procedures in addition to paying certain fees involved.

Eligibility Criteria

You can apply for a trademark renewal as long as you have a valid trademark registration in India. The renewal can be done by the owner of the trademark or his representative.

Your trademark must be due for renewal or within the time limit in case the trademark has expired. You can also apply for a trademark restoration in case the registration has been cancelled on account of non-payment of renewal fees and within the date provided by law.

How Long Does a Registered Trademark Hold Validity?

The trademark registration is valid for a period of 10 years from the date of first registration or renewal. You are entitled to a renewal of registration every 10 years.

As per Rule 57, you need to file the renewal of trademark online within a time period of 1 year before the end of the last registration.

What Is the Trademark Renewal Process?

The trademark renewal process, it involves checking the trademark details, reviewing the records, filing the application and tracking the application. Given below are the process details:

Step 1: Check the trademark details

First, you must verify the trademark status based on successful registration, along with other details such as registration numbers, owners, categories & expiration dates.

Step 2:Review the records

To ensure there are no errors or changes required, its better to review all trademark records

Step 3: Prepare Form TM-R

Next, you need to prepare an appropriate application for trademark renewal according to the rules and regulations.

Step 4: File the application

We will file your application to the trademark registry along with the required payments.

Step 5: Track the application

You need to monitor the application and comply with any of its requirements. TM-R is the standard form for renewal, reinstatement, or payment of the renewal fee.

Which Documents are Required for Trademark Renewal?

To ensure a successful registered trademark renewal, one must pay attention to the following factors:

  • The trademark registration number

  • A copy of the trademark certificate (if necessary)

  • The name and address of the trademark owner

  • The details about the trademark class

  • The details about the applicant or the person representing the applicant

  • The power of attorney (if needed)

  • The details about any changes required

The exact list of the documents may differ depending on whether you are submitting a trademark renewal application, renewal with the payment of a fee, or restoration.

How Much Does Trademark Renewal Cost?

The trademark renewal charges depend on the number of classes and whether you are filing before the expiry or after expiry. If you are seeking restoration, then those charges are extra.

Particular

Government Fee

Professional Fees

INR 4,999 onwards

Note: Apart from professional fees, you may have to pay the current IP India fee, then for physical filing for renewal under section 25. Additional fees may be there for surcharge and restoration. For the latest fees, check Brandregistration.co.in.

How Long Does Trademark Renewal Take?

The timeline depends on the document preparedness and the processing of the Trade Marks Registry.

Stage

Indicative Timeline

Document verification

1–2 working days

Application preparation

1–2 working days

Filing

After document completion

Registry processing

Subject to Registry processing

Updated status

After processing

What Happens If You Miss the Renewal Deadline?

In case of delay in filing for the renewal, the Registrar has the authority to erase the trademark from the register. Nevertheless, the law provides a chance to renew, provided that the trade mark registration renewal is submitted within six months of expiration of the renewal period along with the additional costs.

Rules also specify the procedure for trademark restoration in case the mark has been removed due to the failure to pay the renewal fees. This is possible within the specified period provided by law.

Can You Renew an Expired Trademark?

Yes, under certain circumstances. If the registration has expired but still falls within the surcharge period, the renewal may be carried out.

In case the trademark has been erased from the register, the owner may have to file an application for restoration of trademark along with the renewal application. According to Section 25, restoration can be made provided that the conditions for restoration have been fulfilled, and the timelines have been complied with.

What Is Trademark Restoration?

The process of trade mark restoration involves recovering a trademark that has been removed from the trademark register due to the failure to pay the trademark renewal fee. This process requires filing a particular application and paying a specific fee during a designated period.

Trademark restoration and renewal occurs in accordance with Rule 60 using Form TM-R. You need to file your application for restoration and renewal within a year from the date of expiration of the registration. The registrar has the right to take into account the interests of third parties when deciding on the application.

What Are the Penalties for Late Trademark Renewal?

The consequences of failing to renew a trademark include incurring additional fees to the government. If you decide to start the renewal process within the established time period after expiration, you will have to pay the relevant renewal fee and extra charges.

If the matter goes to the removal stage, you will need to know about restoration, trademark maintenance services and renewal as well. If you miss the restoration period, you may lose your registered trademark and will have to apply for new product protection.

Can You Amend a Trademark During Renewal?

The terms renewal and amendment refer to different things. If the name, address, or other registration details of your owner have changed, you should specify the relevant amendment process for trademark registration renewal online instead of automatically presuming that the renewal will update all records.

Trade Marks Rules provide limitation forms and charges for amending purposes, and therefore it is important to verify what kind of change needs to be made.

Is a Trademark Renewal Certificate Issued?

The registration records of the trademarks developed by the Trade Marks Registry will be updated once the renewal is processed. Filing acknowledgement and updated registration details must be retained by you.

Obtaining a trademark renewal certificate or updated Registry record can serve as evidence of the registration, licensing, transfer, and enforcement activities.

State-Wise Trademark Renewal Service

Trademark renewal and registration in India is done by the central Trade Marks Registry of India and not through individual state trademark law. However, we provide renewal services for trademark registration in various cities like Delhi, Maharashtra, Karnataka, Tamil Nadu, Gujarat, Telangana, West Bengal, Uttar Pradesh, Rajasthan and Haryana.

The legal location of the business does not affect the trademark renewal fees in the state but it can affect the processes related to documentation and communication, etc.

What Are The Industry-wise Trademark Renewal Services Available?

Our experts provide Trademark Maintenance support for trademark renewal services available for businesses from various sectors, including:

  • E-commerce and online business

  • Manufacturing sector

  • IT and software sector

  • Health care and pharma sector

  • Food and Drink

  • Fashion and Apparel

  • Retail

  • Education and Training

  • Consulting and Professional Services

  • Hospitality

  • Consumer Goods

  • Startups and Emerging Brands

If you are conducting business through a specific type of trademark, then go for Copyright Registration, we can help you analyze if the information of the proprietor recorded against the trademark is accurate.

Why Choose BrandRegistration.co.in?

Our experts provide you with end-to-end support with BrandRegistration.co.in, all renewal-related trademark maintenance services can be found. This is done by checking the date of expiry and license availability, the documentation process, application preparation, submission, and monitoring its status through the use of the website’s options. Renewal services are also available for those who have missed expiry dates.

The experts hired by BrandRegistration.co.in assist clients in determining the applicable governmental fee for their renewal process and the alternatives in terms of submission.

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Frequently Asked Questions

Does TM-R form assist with the renewal process?

Form TM-R is a form used for trademark renewal and its filing and costs associated with it as well as those related to restoration of trademarks.

How much does it cost to renew a trademark?

The fees payable to the government for online application filing for trademark renewal are INR 9,000 for each trademark class. This fee is INR 10,000 when an application is filed physically. Other related fees, like restoration fee or surcharge fee, may also be payable.

Is it possible to renew trademarks which have expired?

Yes, it is possible but only during the statutory period permitted. Trademarks can be renewed with some penalty fees charged for the delay prior to expiry; removal of a trademark might entail restoration before renewal.

Is there any difference between renewal and restoration?

Renewal involves renewing registrations of trademarks already granted, while restoration occurs when the trademark stands removed from the register because of non-payment of renewal fees.

Can trademark renewal be done by internet?

Yes, you can file your renewal applications online as per the provisions of the Trade Marks Act through the Trade Marks Registry. It is important to check the fees related to e-filing and physical filing.