Business

Trademark Renewal: What to do when a Brand validity expires?

What is Trademark Renewal?

Trademark Renewal means to extend the term period of trademark registration by filing TM-12 with the prescribed fee. We renew the Trademark from time to time for an unlimited period. The term for a Trade Mark is of ten years. Therefore, trademarks can be renewed in India for an unlimited period, provided renewal fees are being paid on a timely basis.

What if you fail to renew your Trademark?

Each Trademark Renewal is valid for ten years. If a person fails to renew the Trademark, the mark becomes liable to remove. Therefore, renewal from time to time is essential, especially when the trademark owner needs to manage the portfolio of Trademarks. There could be serious irreparable repercussions if one fails to meet the timeline.

Why is Trademark Renewal necessary?

Trademark renewal is the core part of Trademark Management because Trademark is a graphical presentation. The identity of the business needs to be protected from infringement. So, the renewal requests can be filed within six months before the expiry of registration or renewal.

What happens when your Trademark is about to expire?

Before the expiry of the last registration of a trademark, the Registrar will send the notice as a reminder to the owner. The notice will be regarding expiration and the conditions for paying fees. If the registration has not been obtained as per the prescribed conditions, then the Registrar will remove the Trade Mark from the Trade Mark register.

What makes a Business eligible to apply for Trademark Renewal?

The eligibility criteria for Trademark renewal are as follows:

Brand Renewal can be in two ways:

  • One can apply for renewal to change any sign or words in the existing Trademark or
  • One can apply for renewal without any change.

What are the attachments of the renewal application of a Trademark?

To file the renewal application of a registered trademark, the applicant, along with the renewal application form TM-12, must submit the following documents to the Registrar of Trademarks (RoT):

  • Certified copy of the concerned trademark registration certificate.
  • Certified copy of the form TM-A used for the trademark registration application.
  • Proof of Identification of the applicant.
  • Proof of Residence of the applicant.
  • Power of Attorney if the applicant is an authorized representative of the trademark owner.

How to apply for Trademark renewal with the Registrar?

The following is the process of Trademark Renewal:

  • Application of renewal shall be made in form TM-12
  • Either the registered owner shall make an application for the Trademark or his authorized agent.

What is the Trademark Renewal processing fee?

There are two ways to submit an application for Renewal. The applicant can either visit the official premises of the concerned department or apply for brand renewal online at the official website. Both options are available to the applicant. The license renewal fee varies with the application mode.

  • If the application is filed physically, the license renewal cost is ten thousand rupees.
  • If the application is filed online, the license renewal cost is nine thousand rupees.

Why do people prefer online payment for Renewal fee?

As the online renewal application fee is cheaper, so people choose to file their renewal application online. This is done so to take these registration processes online. Read More: Nidhi Company Registration

Is there a provision for an unregistered Trademark to seek Renewal?

Suppose any person falsely represents that a trademark is registered for any goods or services. But in actuality, the Trademark is not registered. In that case, they are punishable with imprisonment for a term that may extend to three years, with a fine, or both. A fine can also be levied to an amount of not less than rupees fifty thousand to a maximum of two lakhs.

How can Registrationwala help you in renewing your Trademark?

We at Registrationwala provide end-to-end solutions for Trademark renewal. Our services include:

  • Collection of information and starting the process
  • Drafting the application
  • Reviewing the draft and making changes if necessary
  • Filing the application

Registrationwala.com is a leading legal consultancy firm providing comprehensive services relating to Trademark renewal. Contact us now if you seek to renew your trademark registration for another ten years. Read More: CDSCO Registration

If you want to know about the renewal process of a registered Trademark or you want to apply for trademark renewal, then you must read this article carefully.

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