Trademark Renewal

Herity

Trademark Renewal

Receive an alert confirming the successful renewal of your trademark for an additional ten-year period. Count Herity and find the Finest and dedicated Herity team in legal services. Yes, is at Your Herity.

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Overview of Trademark Renewal

Every trademark must undergo renewal every ten years. Ideally, it’s advisable to initiate the renewal process at least six months before the trademark’s expiration date to ensure timely renewal. The form for trademark renewal application must be prepared and filed before the cut-off date to enjoy the continuous protection of the trademark with no chances of litigation.

As a result, the trademark renewal extends the duration of the trademark for an additional ten years. This is done by filing TM-R with the prescribed fee of Rs. 4000. The mark becomes subject to potential removal through trademark reinstatement. Renewal is highly significant as it underscores the value of the trademark to a registered brand.

What are the Benefits of Trademark Renewal?

Legal Safeguard

You can quickly establish your rights in court only if you believe your registered trademark has been infringed.

Create a Unique Identity

Registering your trademark is the first ever step toward ensuring your customer's satisfaction to identify your services or products with your brand. After that, the law will then prevent any similar words or slogans from being registered for any other goods or services.

Create Business Chances

If you want your brand to be succeeded, then a trademark is an intangible asset that can be immensely valuable. Many companies can earn huge money in royalties through licensing agreements or even transfer of ownership to interested or to be involved parties.

Extension of Ownership Rights

After the renewal of the trademark, over the brand name, one can benefit from violations of his/her rights over the ownership. It provides goodwill created by the brand and the permanent protection of your brand.

Fewer Chances for Litigation

It is possible to have seamless trademark protection without any chances of litigation if you abide by rules and renew your trademark on a timely basis. Other than the trademark owner, the renewal of trademarks makes it impossible for someone to claim rights over the registered mark.

Security for Brand Name

Renewal of trademark promises unhindered and continuous protection of the brand name and gives security. Disappointment and failure of renewal leads to a break of legal protection in Brand name.

Monetary Returns

In return for some monetary compensation, a trademark owner has the exclusive rights to license or assign the registered trademark to someone else. You should take note of it; as a result of this, one can profit from a trademark that is registered as well.

Documents

Evidence of a pre-existing registered trademark owned by the proprietor (Copy of the Registration certificate).
The determination and intention for commercial use should be examined for eligibility (Copies of the Proof of same).
You must ensure that there is no comparable trademark by conducting a Trademark Search of the established and authorized trademark database.
Power of Attorney to represent the Applicant.
Address proof & Photo ID of the Applicant.
Duplicate of the application form for trademark registration – Form TM-A.
Obtaining legal advice for a viable resolution in case of a trademark conflict is advisable. (Copy of the Evidence of Conflicting Trademark).
Prepare and procure a renewal application and thereby comply with the suitable condition.

What is the Procedure for Trademark Renewal?

The trademark owner is required to submit a renewal application to the Trademark Registrar using the prescribed form [TM-R], within six months prior to the expiration date of the trademark registration. If no application for trademark renewal has been filed, it must be done in one to three months before the expiration of the registration.

After that, the Registrar must send a notice to the proprietor informing him of the upcoming renewal date. If a notice of renewal has not been served, you must keep in mind that no trademark can be removed. The trademark owner must remit the trademark renewal fees as specified, in conjunction with the renewal application. Renewal can be done in two ways, those are:-

Simple Renew the Trademark.
Renew the Trademark with changes/modification and alterations.
TM-R form to apply for the renewal of a trademark
An authorized representative or agent can also make the application. It is not mandatory for the trademark's registered proprietor to file it. Trademark will be published in the official gazette of the Trademark Journal when the application is approved.
If the renewal procedure is conducted manually, the application filing fee amounts to 10,000 rupees. And if done online via e-filing, it charges 9,000 rupees.
Utilizing the requisite fees Form-18 is used to apply. The application is reviewed for excellence and quality, before it is finally approved for renewal.

FAQ's on Trademark Search

What is the term of a Trademark?

The trademark renewal encompasses the term of the Trademark by another ten years.

What will happen if the proprietor fails to renew the Trademark?

He/she shall lose all the protection that comes with the registration if the proprietor fails to renew the Trademark.

What happens to the Ownership Rights after trademark Renewal?

After the renewal of the Trademark, over the brand name, one can benefit from violations of rights over the ownership. It provides goodwill created by the brand and the permanent protection of your brand.

What is the Procedure for Trademark Renewal?

There is sequence of procedures attached for trademark renewal. To know more in depth, kindly refer to the text above mentioned.

Does the owner has the exclusive right on the registered Trademark?

In return for some monetary compensation, a trademark owner has the proprietary rights, to license, or assign the mark the registered Trademark to someone else. As a result of this, one can profit from a trademark that is registered as well.

What are the required necessary papers For Trademark Renewal?

There are a few essential and required list of necessary papers needed for trademark renewal. To know more in depth, kindly refer to the text above mentioned.