Trademark Renewal in India
To renew a trademark is to ask for an extension of the trademark registration term using Form TM-12 and pay the renewal fee. We will continue to maintain the trademark with periodic renewals for an indefinite amount of time. Ten years is the standard renewal period for trademarks. In India, trademarks can be renewed indefinitely as long as the required renewal costs are paid on time.
Ten years have passed since the last Trademark renewal. There is a risk of losing a trademark if the owner fails to renew it. This makes periodic renewal crucial, especially when overseeing a collection of Trademarks. If the deadline is missed, it could have disastrous consequences.
Since a trademark is a visual representation, trademark renewal is the most important aspect of trademark management. The company's brand must be safeguarded from competitors. Trademark Renewal applications are due no later than six months before the registration or renewal period ends.
Even before the final registration of a trademark expires, the Registrar shall issue a notification to the registered trademark owner reminding them of the expiration date and the conditions governing the payment of fees. If the registration has not been secured according to the required conditions, the Registrar may withdraw the Trade Mark from the Trade Mark register.
However, if you forget to renew your trademark before it expires, you can still make a request to do so during the grace period of six months after the registration or renewal has expired, together with the appropriate late filing fees.
Criteria for re-registering a trademark
- Trademark renewal requirements are as follows:
- There are two methods for renewing a trademark:
- Renewal applications allow for the modification of an existing trademark's design, text, or both.
- A renewal application need not include any new information.
Renewal Trademark Necessary Documents
Submit the following to the Registrar of Trademarks (ROT) along with the renewal application form TM-12 to renew a registered trademark:
(1) Officially-attested copy of the trademark registration certificate in concern.
(2) Official trademark registration application form (TM-A).
(3) The applicant must provide valid photo identification.
(4) An applicant's proof of current residence is required.
(5) If the applicant is an appointed agent of the trademark owner, a power of attorney from the owner must be submitted.
Processing Fee for Renewing a Trademark
When it comes time to renew your trademark, you have two options. Renewing a trademark can be done in person at the relevant government agency, or it can be done electronically using the designated website. The applicant may choose either path. The cost of a license renewal depends on the method of renewal.
(1) The renewal fee for a trademark licensing is 10,000 Indian Rupees if the application is submitted physically.
(2) The renewal fee for a trademark licensing in India is nine thousand rupees if the application is submitted online.
If you are due for a renewal, you can save money by applying for it online instead of mailing it in. The purpose of this is to move the processes to an online format.
Restoring a Trademark
If the trademark is not renewed during the first 10 years, the owner still has the option of restoring the mark. The restoration process is quite identical to the renewal process, except that the applicant must pay a late fee.
Renewal of an Unregistered Trademark
Let's pretend for a moment that someone is spreading misinformation about the registration of trademarks for various products and services. However, the trademark is not officially registered. A fine of up to Rs 3,000 or imprisonment for up to three years, or both, may be imposed in such a case.
A minimum of six months and a maximum of three years in prison awaits those who sell, let for hire, expose for sale, hire, or have in his possession for sale any goods or objects or give or hire services to which any unlawful trademark or fraudulent trade description has been attached. There is also the possibility of a fine, which might range from 50,000 to 2,000,000 rupees.
Our Help in Renewing Your Trademark
Here at Certpedia, we offer comprehensive services to ensure your trademark is renewed successfully. A few of the things we offer are:
(1) Initiating the process through data collection
(2) Formalizing the Application Document
(3) Inspecting the rough draft and modifying it as required
(4) Submission of the Application
When it comes to trademark renewal, no one does it better than Certpedia, a premier consulting organization.
If you want to extend the life of your trademark registration by ten years, please get in touch with us right away.