Know the procedure of Trademark Renewal In India

 

Any name, emblem, logo, image, phrase, expression, etc. that a business uses to represent its goods or services is eligible for trademark registration. The use of a trademark helps a business to differentiate its goods from those of competitors in the market and gives customers a way to recognise the goods or services from the mark. A trademark registration appeal is made in India, and if successful, the trademark is given protected status for a predetermined amount of time.

Trademark Renewal


You can apply for the Trademark under following categories:


  • The Standard Trademark Application


  • Application for several class trademarks


  • Application for a Conventional/Priority Trademark (claiming priority from a convention country)


What is Trademark Renewal? 


The trademark registration in India is good for ten years and needs to be renewed after that. The fundamental requirement for trademark renewal in India is that the renewal request must be submitted within six months of the expiration date.


It is standard procedure for the registrar's office to inform the trademark owner that the registration must be updated within six months of the expiration date in order to spare the owner the unnecessary hassles associated with submitting the renewal application for the trademark after the deadline.


Msme/ Startup/ Individual Application: 


Government prices for the physical maintenance of a single class tag are INR 5,000 and INR 4,500, respectively, while government rates for the electronic renewal of a single class mark are INR 4,500.


Company as Applicant: 


The government charges INR 9,000 for the electronic registration of a single class trademark while INR 10,000 is required to physically complete a single class application.


If the trademark holder does not react to or update the letter from the Trademark Registrar's Office within the specified timeframe, the mark will be withdrawn from the Trademark Journal.


What is the Procedure of Trademark Renewal in India? 


In India, the trademark renewal procedure can be carried out in one of two ways: 


  • Either by requesting the renewal and amending the trademark along with it, or 


  • By renewing the trademark registration just.


A registered proprietor or an officer designated by the registered proprietor of the trademark may submit a renewal application using the TM-12 form. Additionally, it is crucial to keep track of the trademark renewal application, and after it has been submitted, the Registrar must routinely examine its progress before approving the renewal application. The applicant must frequently perform or respond in a number of time-bound ways in order to renew the mark.


Know about the renewal process in detail:


  • Form TM-12 must be properly completed and submitted by both individuals and businesses for the renewal of a trademark.


  • The request for renewal may be submitted by registered trademark owners or an agent designated by an owner to act on their behalf.


  • To guarantee that the renewal of a TM application goes out without a hitch or delays, people must enlist the assistance of professionals. Even little mistakes committed during the operation can result in serious security breakdowns and create additional problems. Therefore, it is advised to seek the assistance of legal professionals to make sure your mark is safe and well-protected.


  • Companies must submit a renewal application before the 10-year extension period expires in order to maintain protection of their trademarks.


  • Users must monitor the status of their TM renewal applications up until the Registrar completes processing them. The applicant may need to complete a number of time-bound actions and answers during the process. Businesses must therefore continue to monitor the status of their application and take the necessary steps as needed.


Conclusion:

Even while it can seem straightforward, many businesses frequently neglect to renew their trademarks. For instance, Sony recently neglected to renew the TM for the video game Bloodborne, running the risk of the mark being completely abandoned. Therefore, in order to maintain their protection, firms must make sure that all of their trademarks are properly renewed. You may easily retain your brand identification by working with Online Legal India. Our legal professionals will take care of your renewal process and alert you to impending deadlines.
Location: India

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