Trademark renewal is a crucial process that ensures continuous legal protection of a registered trademark. In India, trademarks are initially registered for ten years and must be renewed before expiration to maintain exclusivity and prevent removal from the trademark registry. The renewal process can be initiated six months before the expiry date and can be completed with or without modification to the existing mark.
1. Renewal Without Changes: Extends the trademark registration as it is, without modifications.
2. Renewal With Changes: Allows the trademark owner to make changes to the existing trademark details before renewing.
• The trademark must be legally registered with the Trademark Registry of India.
• The renewal application should be filed by the trademark owner or an authorized representative.
• The application must be submitted before the expiration date or within a grace period of six months with an additional late fee.
• Legal Protection: Maintains exclusive rights over the trademark, preventing unauthorized usage.
• Brand Recognition: Ensures continued recognition and credibility of the brand in the market.
• Monetary Value: Protects the financial investment in the brand’s reputation.
• Right to License or Assign: Enables trademark owners to license or sell their trademarks.
• Copy of the original trademark registration certificate
• Applicant’s identity and address proof
• Power of Attorney (if filed by an authorized representative)
• Proof of use of the trademark (if required)
• Renewal application form (TM-R)
1. Application Filing: The renewal request is filed using Form TM-R along with the required fees.
2. Examination by the Registrar: The trademark registry reviews the application and checks for any objections.
3. Publication in the Trademark Journal: If no objections arise, the renewed trademark is published in the journal.
4. Renewal Confirmation: A renewal certificate is issued, extending the protection for another ten years.
5. Continuous Protection: The process can be repeated every ten years to keep the trademark active.
• Provides expert consultation on the renewal process.
• Assists in document preparation and filing.
• Ensures timely submission to avoid late fees or cancellation.
• Monitors trademark status and notifies about renewal deadlines.
• Handles objections or discrepancies in the renewal process.
