Trademark Renewal

Top reasons to file for your TM Renewal

  • TM Renewal gives you extension of trademark rights if you previously got your trademark registered/renewed.
  • The TM Renewal gives your business brand name security and thus generates incomes in the long run.
  • Renewal of trademarks makes impossible for someone to claim rights over it other than the trademark owner.

 Overview

 Any registered trademark under any class/classes has the registration period of 10 years beyond which it expires. The process of renewal of Trademark Registration helps the owners to continue using the trademark rights for further 10 years. By filing a TM renewal application on or before 6 months from the date of expiration of the registration, the trademark can be renewed. Trademark Renewal facility helps in keeping your trademark intact as there are no restrictions on how many times and for how many years the trademark owner wishes to keep the trademark status registered.

Documents Required for Trademark Renewal

Legal Procedure for Trademark Renewal

  • Drafting: The drafting of TM Renewal documents
  • Signing: Applicant signs the documents
  • Filing: The final documents are filed to TM Registrar
  • Approval: Renewal procedure is completed.

Features

  • Protection from others using your brand name/logo: Trademark Renewal helps protect your mark against other parties using it. This also saves you as a trademark owner to skip lengthy litigation. Renewal of trademarks gives you exclusive right to market your good/services and makes it impossible for others to claim rights over it.
  • 10 Years Extension of Ownership Rights: With trademark renewal facility given by the Trademark Act, 1999, one can avail protection from infringement of rights over the brand name for next 10 years and continue having the exclusive rights over the trademark after each renewal providing the trademark owner ownership rights of your brand and goodwill.
  • Brand/Mark/Logo/Name Security: It is possible that if you do not file for your renewal of trademark, others can copy your brand. To file infringement case, you must have the trademark registration active and registered. It also delivers continuous and legitimate protection of the brand/mark/logo/name security. If you fail to go for renewal of trademark, you lose the legal protection for your mark.
  • Franchise/License/Monetary Returns: A trademark owner has the exclusive rights to assign or license the mark to someone else in return of some monetary compensation. Businesses also give franchise of their products/services and earn handsome payment in this segment. Same also works in licensing business.

Duration to Review a Trademark Registration

  • The application for renewal can be filed with a span of one year prior to the expiration date as per rules 57 and 28 of the Trademark Rules, 2017;
  • The application for renewal can be filed within a span of six months prior to the date  of expiration as per rules 63 and 64 of the Trademark Rules, 2022;
  • The application for renewal can also be files within a period of six months after the date of expiry.

Different Types of Forms

FORM TM-R:

  • The Registered owner of the trademark can file an application for renewal in Form TM- R;
  • Application for trademark renewal amidst surcharge of trademark registration can also be filled in Form TM-R

FORM TM- 18:

  • The Affidavit supporting the statement of the case can be filed in form TM-18.

Cost

E- Filing:

An amount of Rs. 9000/- will be incurred for the application filed by the registered proprietor in Form TM-R and an amount of Rs. 4500/- will be incurred additionally for renewal with a surcharge of registration in Trademark Form TM-R.

Physical Filing:

An amount of Rs. 10000/- will be incurred for the application filed by the registered proprietor in Form TM-R and an amount of Rs. 5000/- will be incurred additionally for renewal with a surcharge of registration in Trademarks Form TM-R.

Consequences of Failure to Trademark Renewal

The consequences will be relentless in case if the trademark fails to get renewed. The registrar shall remove the mark from the register if there is no application being files for renewal or in case no prescribed renewal fee has been paid. But before removing the mark from the register, the register will advertise the intention of removal in the trademark journal. Failure to renew the trademark, not only affect the proprietor of trademark but also the prople who are assigned or licensed to the trademark and also weaken the legal position of the trademark.

Trademark registration renders the benefits of exclusiveness thereby preventing the claims of infringement. After all, the most significant benefit of trademark renewal is that it impedes other people from using your trademark. The trademark act is very much compassionate to the anguish of the owner of the trademark hence it has renders another opportunity to get the trademark renewed within a span of six months after the expiration of trademark registration by the filing of prescribed from thereby paying the surcharge

Our Support

Not to worry at all! Someone from our experienced IPR Team will resolve all your queries on TM Renewal. Our TM Experts will help you to give you the best advice without any consultancy fees. Write to us at tm@ccoffice.in  or/and WhatsApp/Call us +91 9988424211.

Compliance Calendar LLP has a team of Chartered Accountants, Company Secretaries, Lawyers and Finance Professionals who can help you in Accounts, Legal, Tax and Compliance. Talk to us to know how we can be partner in your business growth and work in synergy.

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Frequently Asked Questions

Trademark renewal is the process of extending the protection of a registered trademark by filing the necessary documents and fees with the trademark office before the current registration expires.

In most jurisdictions, trademarks must be renewed every 10 years. However, the renewal period can vary, so it's essential to check the specific requirements for your region.

The renewal process typically involves completing a renewal application, paying the renewal fee, and submitting any required documentation to the trademark office.

If you miss the renewal deadline, you may have a grace period during which you can still renew the trademark by paying a late fee. After that, you may lose your trademark rights.

In some jurisdictions, you may need to provide evidence of continued use of the trademark as part of the renewal process, while in others, it may not be required.

Yes, many trademark offices offer online filing for renewal applications, making it more convenient to manage your trademark registrations.

Renewal costs can vary by jurisdiction and may include filing fees and potential attorney fees if you choose to seek legal assistance.

If you no longer wish to use your trademark, you can choose not to renew it. However, it’s advisable to formally abandon it to prevent future claims against your rights.

If a trademark has not been used, it may still be eligible for renewal in some jurisdictions, but failing to use the trademark could make it vulnerable to cancellation.

To prepare for renewal, keep track of your trademark's registration dates, ensure you have evidence of use if required, and budget for renewal fees well in advance.

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