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Trademark Renewal

Explore all the details you need about Trademark Renewal, tailored for your needs.

Trademark renewal is essential for maintaining your brand's legal protection and market identity. It ensures your trademark remains active and exclusive, safeguarding its value and your business reputation.

At SoloCorp, we offer seamless trademark renewal services, guiding you through the process to keep your brand's protection intact. Our experts ensure timely filing and provide support to maintain your trademark’s legal status.

What is a Trademark?

A trademark is a unique emblem, logo, word, phrase, design, or a mix of these elements that signifies and points to the origin of goods or services from a specific company or individual.

Trademarks help consumers recognize and connect products or services with a certain brand.

  • Unique Significance: A trademark identifies the source of goods or services.
  • Brand Protection: It safeguards the brand’s identity and reputation.

Trademark Renewal

Trademark owners can extend their trademark's validity every decade.

A six-month grace period is provided for renewal before removal.

  • Renewal Period: Trademark owners can renew their trademark every 10 years.
  • Grace Period: A six-month grace period is available to renew the trademark.
  • Consequence of Non-Renewal: Failure to renew results in removal from the Trademark Journal.

Trademark Renewal Provision (Section 25)

Under the Trade Marks Act of 1999, trademarks can be renewed for another decade after their initial registration or previous renewal.

The trademark owner must apply to the Registrar of Trademarks within the prescribed time frame to initiate the renewal process.

Renewal Period

A registered trademark can be renewed for an additional ten years.

Application Requirement

Trademark owners must apply to the Registrar with the required fee within the given time frame.

Registrar's Role

Upon application, the Registrar extends the trademark registration for another decade.

Deletion of Registered Trademark Due to Non-Renewal (Section 25)

Before a trademark's registration expires, the Registrar must notify the trademark owner about the impending expiry and the renewal terms.

If the renewal terms are not met within the designated time frame, the Registrar has the authority to strike the trademark off the register.

Grace Period

  • A six-month grace period is available after the expiration date, during which the trademark owner can still renew their mark by paying a surcharge.

Reinstatement of Trademark

  • If a trademark is removed due to non-renewal, the owner can request reinstatement within one year from the registration's end date.
  • Upon receipt of the application and payment of the fee, the Registrar can reinstate the trademark with possible conditions.

Benefits of Renewing a Trademark

1

Legal Protection

It offers legal protection and rights that are upheld by the law.

2

Protection Against Breaches

Renewal aids in guarding against trademark breaches and serves as a foundation for seeking damages in instances of such violations.

3

Transferability

Renewed trademarks allow the holder to transfer the trademark to another party, whether an individual or a business.

4

Licensing

A validly registered trademark can be licensed, thus enhancing its financial worth.

5

Exclusive Rights

Renewing ensures the holder retains exclusive rights, upholding the brand's unique identity and prestige.

How to Renew Your Trademark

Renew with Alterations

  • This option lets you update specific signs or words in the current trademark during renewal.

Renew without Alterations

  • This option allows for the trademark's extension without any modifications to its existing design or text.

Restoring Your Trademark

Should a trademark lapse after ten years, the holder isn't out of options. They can opt for trademark restoration.

This process mirrors the renewal procedure but with an added catch: the holder needs to pay an extra penalty for surpassing the expiration date.

Trademark Renewal Filing Deadline

  • The renewal application for a trademark should be lodged before the mark's expiration. While it's possible to initiate the renewal application up to a year before its expiration, the precise deadline is six months before the trademark's expiration date.
  • Suppose a trademark's registration has elapsed due to non-renewal before its due date. In that case, renewal is still attainable within six months post-expiration, but this comes with an additional surcharge on the standard government renewal fee.
  • Should the trademark not be renewed before its expiration or within the subsequent six months (with the added fee), the trademark registration will be revoked.

Documentation Needed for Trademark Renewal

For renewing a registered trademark, the following documents must accompany the TM-12 renewal form when submitted to the Registrar of Trademarks (RoT):

Certified Copy of Trademark Registration Certificate

Certified Copy of TM-A Form

Identification Proof of the Applicant

Residence Proof of the Applicant

Power of Attorney (if applicable)

Trademark Renewal Procedure in India

The trademark renewal process in India ensures enduring protection for your trademark. Here's a concise overview of the steps involved and the accompanying documentation.

1

Step 1: Submitting the Application

Fill out and submit Form TM-R to the Trademark Registry. Include details such as: - Trademark registration number - Current trademark status - Applicant's contact details

2

Step 2: Scrutiny and Review

Renewal eligibility is determined based on the trademark's remaining validity and adherence to renewal prerequisites. If discrepancies arise, the Registry will voice its concerns, prompting the applicant to respond within a set timeframe.

3

Step 3: Announcement in the Trademark Journal

Once any concerns are addressed, details concerning the renewed trademark are publicized in the Trademark Journal for 4 months. This period allows third parties to express any objections. Should objections surface, the applicant must provide a timely response. A hearing may be organized to clarify and settle the matter if not addressed.

4

Step 4: Granting the Renewal Certificate

After the designated publication duration and the amicable resolution of potential disputes, the Registry presents the Trademark Renewal Certificate. This document affirms the renewed status of your trademark, valid for another decade.

Streamline Trademark Renewal with Solocorp

Solocorp provides an all-encompassing service for trademark renewal, ensuring a smooth and hassle-free experience for trademark owners.

Our seasoned experts gather all requisite details and kick-start the renewal process on your behalf.

We diligently craft the renewal application, upholding precision and adherence to pertinent rules.

Our team then scrutinizes the application, tweaking it to optimize its efficacy.

Once the application meets our rigorous standards, we manage the submission process with the Registrar of Trademarks, guaranteeing timely and accurate document delivery.

With Solocorp's proficiency in trademark renewal, entrust us to effortlessly guide you through the intricate renewal steps and ensure unwavering protection for your invaluable trademarks.

  • 1

    Expert Consultation

    We begin by gathering all necessary details and initiating the renewal process on your behalf, ensuring a seamless experience.

  • 2

    Renewal Application Preparation

    Our experts craft the renewal application, ensuring accuracy and compliance with all relevant rules and regulations.

  • 3

    Application Scrutiny

    We thoroughly review the application, making any necessary adjustments to ensure its optimal effectiveness.

  • 4

    Submission to the Registrar

    Once the application is complete, we manage the submission process with the Registrar of Trademarks, ensuring timely and precise delivery.

  • 5

    Continued Protection

    By entrusting us with your trademark renewal, you can rest assured that your trademarks will remain protected for another decade.

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Startup
Registrations
MCA Services
Recovery of shares
Trademark
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