Trademark Renewal

Trademarks can be valid forever if they are not renewed they expire.  According to section 25 of the Trade Marks Act, 1999, a trademark in India is valid for ten years. The revised Trade Mark Rules, 2017 were notified by the Government of India (GOI) on March 6, 2017, with the goals of streamlining the application process, setting standards for trademark applications, encouraging e-filing, and streamlining the registration procedure.

Trademark Registration Renewal Online India process can be completed by paying a fee through a process called "restoration." To prove that your trademark is still in use, the Trademark Office demands that you renew it. Typically, all that is needed to renew a trademark is the renewal fee. Statements of use, which must be provided as proof that the trademark has really been used, are required in some jurisdictions.

A trustworthy law firm like ours is ideally suited to keep an eye on the renewal deadlines because they are crucial. Even though paying the renewal cost isn't always easy, our knowledge allows us to guarantee a safe renewal.

If you still don't file a renewal application, the registrar could announce in the Trade Marks Journal that it plans to revoke the trademark. The likelihood of this happening is highest one year after the expiration date.

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• The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
• The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
• The renewal can also be filed within six months after the date of expiry.

The following forms must be provided for renewal of a Trademark along with the allotted fee:

TM-R: Application form for renewal of a registered trademark to be used by the registered proprietor. or

Application for renewal with a surcharge of registration of a Trademark

TM-18: Affidavit in support of the statement of the case

• Form 48
• A duplicate of the Trademark registration document
• Copy of TM-A form (form used for the original form for registering the trademark)
• Proof of the applicant's identity
• Address Proof

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Legal Protection

You can easily establish your rights in court if you think someone has violated your registered trademark. In industries where trademark infringement is rife, registration of trademark is crucial.

Business Possibility

Should your brand be successful, a trademark is an intangible asset that has the potential to be quite valuable. Think about brands like Tide, Nike, or McDonald's. Businesses can make huge amounts of royalties through licensing agreements or even the sale of ownership to interested parties.

Distinct Identity

You would like clients to associate your brand with the goods or services you offer. Registering your trademark will provide you with the required uniqueness. The registration of any similar phrases or catchphrases would then be forbidden by law.

Protection from Frivolous Litigation

It is possible to have a seamless trademark protection without any chances of litigation. Renewal of trademarks makes impossible for someone to claim rights over it other than the trademark owner.

Extension of Ownership Rights

One can avail protection from infringement of rights over the brand name. The exclusive rights over the trademark are extended for 10 years after each renewal. Hence it provides a permanent protection of your brand and goodwill created by the brand.

Brand Name Security

Renewal of trademark promises continuous and unhindered protection of the brand name. Failure of renewal leads to a lapse of legal protection in Brand name.

Monetary Returns

A trademark owner has the exclusive rights to assign or license the mark to someone else in return of some monetary compensation. Thus, one can make a profit from a registered trademark as well.